A. Land
classified in a PUD Zone shall also be classified in an A, E or R-1
Zone and the following regulations shall apply in the PUD Zone unless
otherwise provided in this chapter.
B. Land
areas approved for planned unit development in accordance with this
chapter shall be shown on the Official Zoning Map by the symbol 'PUD'
and a maximum allowable density figure in dwelling units per acre
following the symbol of the basic zone classification for the property,
such as A-1-PUD-.8 or R-1-PUD-5.6.
(Ord. 2585, 1957; Ord. 3710, 1974)
A. Title
1, Division 7, Chapter 12, Sections 6950 - 6954 of the
Government Code of the State of California provide that a city may acquire by purchase, bequest, grant, gift or otherwise, and through the expenditure of public funds the fee of any lesser interest or right in real property in order to preserve, through limitation of their future use, open spaces and areas for public use and enjoyment; and
B. Rapid
growth and spread of urban development is encroaching upon, or eliminating
many open areas and spaces of varied sizes and character, including
many having significant economic or aesthetic values, which areas
and spaces if preserved and maintained in their present open state
would constitute important physical, social, aesthetic or economic
assets to existing or impending urban development; and
C. Section
6953 of said
Government Code specifically declares that the acquisition
of interests or rights in real property for the preservation of open
spaces and areas constitutes a public purpose for which public funds
may be expended or advanced and that a city may acquire by purchase,
gift, grant, devise lease or otherwise, the fee or any lesser interest,
development right, easement, covenant, or other contractual right
necessary to achieve the above purpose and may acquire the fee to
any property for the purpose of conveying or leasing said property
back to the original owner or other person under such covenants or
other contractual arrangements as will limit the future use of the
property in accordance with the above public purpose.
D. Therefore,
it is declared to be the legislative intent of the Council of the
City of Santa Barbara to provide for greater flexibility in the development
of residential properties, and for greater amenities and open spaces
related thereto, when in the public interest and welfare; to encourage
a more creative approach to the development of land; to protect and
enhance property values and to provide more desirable spatial relationships
between buildings and structures on the land than would be possible
under strict adherence to ordinance requirements of the basic zone;
and to encourage the preservation and enhancement of natural beauty
and the provision of landscaped open spaces for visual and recreational
enjoyment.
E. As a further declaration of the legislative intent of this chapter, it is hereby declared that the provisions hereinafter contained for the computation of the allowable maximum number of dwelling units shall not be used as a means of creating density higher than that allowed under Section
28.36.045 of this chapter nor a density higher than would be possible by way of the usual subdivision procedure, with the exception of affordable housing developments which may be granted a density increase of up to 25% over the otherwise allowable units when consistent with Section
28.87.400 of this title. Further, planned unit developments shall provide for close visual and physical relationship between dwelling units and the landscaped open areas which must dominate the site development. Such landscaped open areas must include substantial usable areas for passive and/or active recreational use. From public view the development must present a landscaped open space effect. Parking areas and building masses must not dominate the scene.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4912, 1995)
A. Procedure for establishing a Planned Unit Development Zone in combination with one of the basic A, E or R-1 Zone classifications shall be the same as set forth under Zone Changes in Chapter
28.92 of this title. The applicant shall also demonstrate that development to the PUD standards contained in this chapter constitutes the best use from the community point of view for the land for which the application is made, consistent with Section
28.36.005 hereof.
B. The development plan for a planned unit development project shall be processed as a condition use permit in accordance with the provisions of Chapter
28.94 and may be processed concurrently with the request for the PUD Zone change as required above.
C. Prior
to submission of an application for a conditional use permit for a
planned unit development plan, the applicant(s) shall submit to the
Chief of Building and Zoning basic site information, including aerial
photos where deemed necessary by the Chief of Building and Zoning;
generalized development plans, including lot sizes and open spaces
proposed, existing easements, existing neighborhood development, and
any other information which may be reasonably required by the Chief
of Building and Zoning to aid and assist the Planning Commission in
an initial consideration of the preliminary PUD plan. The preliminary
plan shall be presented to the Planning Commission at a regular meeting
for discussion by the individual commissioners. No formal action shall
be taken by the Planning Commission regarding the preliminary plan.
D. After
completion of preliminary conference(s), the applicant(s) shall file
a request for a conditional use permit. A professional team approach
in the preparation of the planned unit development plan is required.
This team should include, but is not limited to, a registered architect,
registered landscape architect, and registered civil engineer. The
following shall be submitted:
1. A
preliminary title report showing vested ownership and all covenants,
conditions, restrictions and reservations of record.
2. Statement
of intent indicating:
a. Reason why the subject property is suitable for planned unit development.
b. Type of residences to be constructed.
c. Method and time schedule of development and improvement of the project.
d. Purpose and proposed use of the open space(s) to be provided.
e. State the manner in which the units will be sold, i.e., type of condominium or cooperative, according to the planned unit development types permitted under Section
28.36.030 of this chapter.
3. Development
plans drawn to a scale of not greater than 100 feet to the inch showing:
the boundaries of the site, topography and a proposed grading plan;
the width, location and name of surrounding streets, proposed street
sections and improvements; existing and proposed sewer lines; existing
and proposed surface and improved drainage; the topography, location,
dimensions and uses on adjacent property of all existing buildings
and structures within 100 feet of the boundary line of the subject
site; the location, dimensions, ground floor area and uses of all
existing and proposed buildings and structures on the subject site;
landscaping; parking areas, including the size and number of stalls
and the internal circulation pattern; signs, including location, size
and height; pedestrian, vehicular and service ingress and egress;
location, height and material of walls and fences; and other specific
uses of the site.
4. Schematic
drawings and renderings to scale showing the architectural design
of all buildings and structures.
5. Statistical
information including the following:
a. Total acreage of site area.
b. Height, ground floor area and total floor area of each building.
c. Number of dwelling units in each building.
d. Building coverage expressed as a percent of the site area.
e. Area of land devoted to landscaping and/or open space usable for
recreation purposes, and its percentage of the site area and net area.
6. The
sequence of construction of various portions of the development if
the construction is to occur in stages.
7. A
statement as to the source of water and method of sewage disposal.
8. Landscaping
plan(s), showing:
a. All mature trees, indicating those to be retained, removed or relocated.
b. Special landscape features to be retained or created, such as rocks,
walls, fences, etc.
c. Recreation areas and facilities to be provided, if any.
d. Proposed grading in contour intervals of not less than five feet.
9. Other
information reasonably required by the Planning Commission for a proper
consideration of the proposal including, but not limited to, geological
and soil reports.
E. All
architectural plans relative to planned unit developments shall be
in accordance with the policy of the Architectural Board of Review,
or the Historic Landmarks Commission if the property is located within
El Pueblo Viejo Landmark District or another landmark district or
if the structure is a designated City Landmark.
F. Where
subdivision of land is intended, City Ordinance Number 2872, as amended
or superseded, shall apply and tentative subdivision maps may be processed
concurrently with the conditional use permit application.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4851, 1994)
As a condition of the approval of a development plan hereunder,
the Planning Commission may impose such other appropriate and reasonable
conditions and restrictions, and permit such modifications as it may
deem necessary for the protection of property in the neighborhood
or in the interests of public health, safety and welfare in order
to carry out the purposes, spirit and intent of this chapter. However,
no variance or modification shall be granted for building height,
maximum number of dwelling units per building (four) or maximum dwelling
units per acre of site area, as set forth in this chapter.
(Ord. 2585, 1957; Ord. 3710, 1974)
A. Upon
receipt of 15 copies of the development plan, together with the required
supplemental data, the Division of Land Use Controls shall transmit
one copy to each of the following agencies: Public Works Director,
Water Superintendent, Chief of the Fire Department, County Assessor,
County Health Officer, Clerk of the City Council, City Park and Recreation
Commissions, and City Board of Education. Within 15 days, each such
agency shall file with the Division of Land Use Controls recommendations
for improvements and revisions to be required as a condition of approval
of the development plan. The Division of Land Use Controls shall correlate
departmental recommendations and submit them to the developer or his
or her authorized agent not later than one week prior to the Planning
Commission meeting at which the plan is to be considered. Within six
weeks of receipt of the development plan, the Planning Commission
shall consider said plan and the recommendations of the above mentioned
agencies and of the Division of Land Use Controls and shall approve,
conditionally approve or disapprove the development plan within a
reasonable time thereafter.
B. A conditional
approval may specify the limits within which the dimensions shown
on the development plan may vary. The Planning Commission action shall
be final, subject to appeal to the City Council.
Upon approval or conditional approval of the development plan,
permits may be issued for grading, uses, buildings and structures
which are in substantial conformity with the approved development
plan and the conditions imposed.
C. No
grading shall be commenced nor shall any building or structure be
erected, moved, altered, enlarged, or rebuilt on a planned unit development
site except in substantial conformity with the approved development
plan and said conditions, except as otherwise provided herein. Substantial
conformity shall be determined by the Chief of Building and Zoning,
or in case of disagreement with the developer, by the Planning Commission.
D. Revised
development plans shall be submitted and processed in the same manner
as the original development plan. When approved, such revised development
plan shall automatically supersede any previously approved plan.
(Ord. 3045, 1965; Ord. 3710, 1974)
A. Any
use permitted in the basic zone classification.
B. Planned
unit developments containing:
1. Single-family
and/or two-family dwellings.
2. Multiple-family
dwellings, provided no building shall contain more than four dwelling
units.
3. Accessory
buildings and uses, such as recreation facilities, parking lots, carports
and garages, private and public parks, open spaces and areas for public
and private use.
C. A State-licensed
small family day care home.
D. A State-licensed large family day care home, subject to the provisions in Chapter
28.93.
E. State
authorized, licensed, or certified uses to the extent they are required
by State law to be allowed in residential zones.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4858, 1994; Ord. 4912, 1995)
A. Planned
Unit Development Site. A planned unit development site is a lot, or
combination of lots which comprise an area of land under, or committed
to, a development plan which has been filed with the Planning Commission
in accordance with the terms of this chapter.
B. Site
Area. The site area shall exclude existing public street rights-of-way
and any nonresidential use; however, open recreation, such as golf
courses, putting greens, swimming pools, cabana areas, tennis and
badminton courts and like facilities, shall not be construed as nonresidential
uses.
C. Maximum Number of Dwelling Units. The maximum number of dwelling units allowable in planned unit development shall not exceed the number of lots which could be developed by way of the usual subdivision procedure, utilizing the existing zoning on the property and all subdivision design standards as outlined in Title
27 and Title
28 of this code. The slope density provisions of Section
28.15.080 of this title shall be considered when making this determination. Exception: when consistent with Section
28.87.400 of this title, up to 25% density bonus units may be allowed in developments if the developer has agreed to construct affordable units.
The Planning Commission may recommend and the City Council may
approve a numerical density of dwelling units per acre of site area
less than the maximum indicated, based on consideration of the individual
site characteristics such as topography, soil, relationship to existing
neighborhoods, and similar characteristics.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4049, 1980; Ord. 4912, 1995)
A. Two stories, except in hillside development as provided in subsection
B of this section.
B. In
hillside development, a multi-level building may be constructed following
the natural topography in steps, split levels or full story levels,
provided no vertical section of the building shall contain more than
two stories. The plane of a bearing wall may not be used as such vertical
section. In no case shall a vertical section through the building
measure more than 35 feet.
(Ord. 2585, 1957; Ord. 3710, 1974)
No building containing dwelling units shall be located closer
to the opposing walls of another building containing dwelling units
on the property than 1/2 the sum of the heights of both such buildings;
provided, however, that such distance between buildings shall in no
case be required to exceed 100 feet. The distance between two such
adjacent buildings so located that the walls of one building do not
face the walls of another building shall be not less than 15 feet.
(Ord. 2585, 1957; Ord. 3710, 1974)
In lieu of setback requirements as set forth in the base zone,
the following setbacks shall be provided:
A. Front
setback. There shall be a front setback or setbacks not less than
twice the required front setback in the base zone in which the site
is located.
B. Interior
setback. There shall be an interior setback of not less than 40 feet.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 5459, 2008)
The following permanently maintained off-street parking spaces
so designed that a car need not be moved to gain access to any other
space nor that any car need back out into a public street, shall be
provided:
A. For
each dwelling unit, not less than two parking spaces, either in a
garage or a carport.
B. One additional off-street uncovered parking space shall be provided for every two dwelling units. Uncovered parking areas and driveways shall be paved in accordance with Chapter
28.90 of this code. Uncovered parking areas shall be provided with one tree for every 10 parking spaces in order to break up the continuity of paved areas.
C. No
more than five spaces shall adjoin each other without intervening
landscaped areas. Except for necessary access, no part of the paved
parking area shall be within the public street right-of-way. The area
between the parking area and the public street curb or pavement shall
be appropriately landscaped and improved to the satisfaction of the
Chief of Building and Zoning to provide visual screening of the parking
area and necessary pedestrian ways.
It is the spirit and intent of this chapter that parking areas
shall not dominate open spaces and landscaping as defined hereunder.
|
(Ord. 2585, 1957; Ord. 3710, 1974)
In order to provide flexibility of development and to preserve
natural terrain features and open spaces, Planning Commission may
grant such modifications of City street design standards as may be
deemed necessary to assure that the spirit and intent of this chapter
are observe and the public welfare and safety secured.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4496, 1988)
If the sequence of construction of various portions of the development
is to occur in stages then the open space and/or recreational facilities
shall be developed, or committed thereto, in proportion to the number
of dwelling units intended to be developed during any given stage
of construction as approved by the Planning Commission. Furthermore,
at no time during the construction of the project shall the number
of constructed dwelling units per acre of developed land exceed the
overall density per acre established by the approved conditional use
permit.
(Ord. 2585, 1957; Ord. 3710, 1974)
A. Not
less than 50% of the net area of the property shall be open space
devoted to planting, patios, walkways and recreational areas, but
excluding areas covered by dwelling units, garages, carports, parking
areas or driveways. Net area is defined as the site area less all
land covered by buildings, streets, parking lots or stalls, driveways,
and all other paved vehicular ways and facilities. Any driveway or
uncovered parking area shall be separated from the peripheral boundary
line of the property by a landscaped area of not less than 10 feet
in width. Development rights to all or any open space shall be required
to be deeded permanently to the City before any permanent occupancy
permit to any building or units in any planned unit development shall
be granted.
B. Control of the design of open spaces is vested in the Planning Commission. Design shall mean size, shape, location and usability for proposed private, public or quasi-public purposes and development. Approval of such open spaces by the Planning Commission shall be expressly conditioned upon a conveyance by the developer to the City of Santa Barbara of the development rights, or the right to prohibit the construction of additional buildings or other contractual rights, necessary to achieve the purposes set forth in Section
28.36.005 of this chapter.
C. Planned
unit developments shall provide for close visual and physical relationship
between dwelling units and the landscaped open areas which must dominate
the site development, such landscaped open areas to include substantial
usable areas for passive and/or active recreational use. Further,
from public view, the development should present a landscaped open
space effect to the end that parking areas and building masses shall
not dominate the scene.
D. Planned
unit developments shall be approved subject to the submission of a
legal instrument or instruments setting forth a plan or manner of
permanent care and maintenance of such open spaces, recreational areas
and communally owned facilities. No such instrument shall be acceptable
until approved by the City Attorney as to legal form and effect, and
the Planning Commission as to suitability for the proposed use of
the open areas.
(Ord. 2585, 1957; Ord. 3710, 1974)
Notwithstanding anything in Section
28.36.005 to th
e contrary, when Planned Unit Development Zoning is requested by an owner or developer, or when, on the basis of competent engineering or geological reports furnished to either such body, the City Council, upon recommendation of said Planning Commission or upon its own motion, then finds and determines that the development of the land under standard subdivision procedure would, by reason of its steep topography, soil instability or other natural characteristics create hazardous or dangerous erosion or drainage problems, then upon such finding and determination being duly made the City Council may classify the land in a PUD Zone without also classifying the land in any other zone.
(Ord. 3159, 1966; Ord. 3710, 1974)