This article establishes the planned unit development (PUD) procedures, which allow for the creation of PUD zones to encourage the creative development of large sites so as to permit flexibility in physical design, achieve attractive designs which encourage large-scale site planning, and ensure that the applicable provisions of the General Plan are established early in the formation of such development proposals.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The procedures in this article apply to all proposals for planned unit development projects. Before commencing any construction for any development within the scope of this article, preliminary and final development approval for a planned unit development (PUD) as set forth in this article shall first be obtained.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for a planned unit development shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, including conditions of approval, expiration, extensions, and modifications. A preliminary development plan (PDP) for the PUD shall be considered by the City Council with a recommendation from the Planning Commission. The PDP may stipulate that the development of the PUD shall be in phases, and may also stipulate the sequence and timing of such phases. Approval of the PDP shall constitute the zoning for the site, shall be by ordinance, and is subject to referendum. One (1) or more subsequent final development plans (FDP), corresponding to the development phases approved in the PDP, shall be considered by the Planning Commission, which must find that each FDP substantially conforms to the PDP. The Commission's decision on an FDP may be appealed to the City Council. PDPs and FDPs may also be processed concurrently, in which case the Planning Commission's approval of the FDP is contingent upon City Council approval of the PDP.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
PUD Zone and Preliminary Development Plan. The Planning Commission in recommending, and the City Council in approving, the creation of a PUD zone and the adoption of a preliminary development plan must make all of the following findings:
(1) 
The proposed planned unit development is consistent with the General Plan and any other applicable plans.
(2) 
The proposed planned unit development will provide for a cohesive, integrated, well-planned development that will contribute to the general well-being of the surrounding neighborhood or community.
(3) 
The subject property is suitable for the uses permitted in the proposed planned unit development in terms of access, size of parcel, and relationship to similar or related uses.
(4) 
The location, size, coverage, density, design and operating characteristics of the proposed planned unit development will be compatible with, and will not adversely affect, the surrounding area, including neighborhood character, street design and capacity, safety, noise, and lighting.
(5) 
The subject property will be developed with due regard for aesthetic quality and landscaping so as to reduce, to the extent feasible, significant negative impacts on the environmental quality, value, or stability of the site or the environmental quality or value of improved or unimproved property in the area.
(6) 
The proposed planned unit development will be developed to allow originality which does not have significant adverse impacts on the environmental quality or value of improved or unimproved property in the area or prevent appropriate development and use of such areas.
(7) 
The proposed planned unit development has been designed to include open space, parking, pedestrian walks, signs, illumination, and landscaping (including irrigation) to enhance the environmental quality of the site.
(b) 
Final Development Plan. In approving a final development plan, the Planning Commission must make both of the following findings:
(1) 
The final development plan substantially conforms to the preliminary development plan.
(2) 
Changes and conditions of approval specified by the City Council in its approval of the preliminary development plan have been met.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Area. The minimum area of a proposed planned unit development must be no less than one (1) acre. Pursuant to Section 9-3.303(b)(2), a development in the Mixed Use zones on a site of one (1) to five (5) acres may, at the applicant's option, be processed as a planned unit development, and on a site of more than five (5) acres, must be processed as a planned unit development.
(b) 
Uses. A planned unit development may authorize uses that are not permitted in the base zone in which the site was located prior to adoption of the PUD, but may not authorize uses inconsistent with the General Plan land use designation of the site. A proposed planned unit development on a site that was located in a Mixed Use zone prior to adoption of the PUD must include a mix of uses as specified in Section 9-3.303(b).
(c) 
Overlay Zones. The regulations for overlay zones, as specified in Article 4 of Chapter 3, shall apply to new PUDs approved under these planning regulations, but shall not apply to PUDs approved prior to the adoption of these planning regulations.
(d) 
Development Standards. A planned unit development may modify any of the standards in Chapter 4, Site Development Regulations, except those that are set by the General Plan, including building intensity (floor area ratio), height, and residential density. A planned unit development must provide public benefits pursuant to Section 9-4.204 to qualify for bonus floor area ratio, height, and/or residential density.
(e) 
Subdivision Map. When a planned unit development requires the submission of a subdivision map, the tentative map and all supporting documents shall be prepared and submitted concurrently with the preliminary development plan, and the final map and all supporting documents shall be prepared and submitted concurrently with the final development plan. This requirement does not preclude subsequent submission and approval of an application for a subdivision map.
(f) 
Persons Eligible to Apply.
(1) 
Preliminary Development Plan. An application for the granting of a preliminary development plan for a PUD may be made by any person having a legal ownership interest, or option to purchase, in the property to be included in the proposed planned unit development, or by any person with the ability to acquire property to be included in the proposed planned unit development pursuant to a disposition and development agreement, participation agreement, exclusive right to negotiate agreement or other such agreement between said person and the City of Emeryville and/or the City of Emeryville as successor agency to the redevelopment agency.
(2) 
Final Development Plan. An application for the granting of a final development plan for a planned unit development may be made by any person having a legal ownership interest, or option to purchase, in the property to be included in the proposed final development plan or by any person with the ability to acquire the property to be included in the proposed final development plan pursuant to a disposition and development agreement, participation agreement, exclusive right to negotiate agreement or other such agreement between the applicant and the City of Emeryville and/or the City of Emeryville as successor agency to the redevelopment agency; provided, however, that at the time of final action on the final development plan, the applicant must have concurrence of all owners of the property to be included in the proposed final development plan, or approval of such an agreement set forth herein by the City of Emeryville and/or the City of Emeryville as successor agency to the redevelopment agency respecting property to be included in the proposed final development plan for which the applicant has not secured concurrence of the owner.
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In addition to any other application requirements as specified in Article 2 of this chapter, Common Procedures, an application for a preliminary development plan shall include the following:
(a) 
Form and Contents. The form and contents of the proposed preliminary development plan shall be as follows:
(1) 
Statement of Intent. An overall development scheme which states the development intentions of the applicant respecting his/her property, including but not limited to the following: a general statement of location and intensity of proposed uses and activities, including public and private open spaces; a general physical description of proposed facilities accommodating such uses, including general types of buildings, structures, and landscape and circulation elements; a description of both the location and method for treatment of stormwater on site; a statement of location and general configuration of lands to be dedicated for public open space and other public uses; a general designation of utilities; a general statement of the form of site management proposed in areas of significant natural resources; a general statement detailing the consistency of the proposed development project with major public development programs, including but not limited to transit streets, bicycle boulevards, greenways, parks, trails, open spaces, and the phased schedules of proposed major public facilities; and a statement of proposed general uses planned within the PUD.
(2) 
Supporting Graphics. Graphics as are necessary to establish the physical scale and character of the development and demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. These graphics shall at a minimum indicate: perimeter boundaries of the site; approximate location and dimension of streets, driveways, sidewalks, pedestrian ways, off-street parking and loading areas, buildings and structures; a conceptual lighting plan for the buildings and adjacent parking and pedestrian travel areas, utilization of buildings and structures, including activities and the number of living units; reservations for public uses, including schools, parks, playgrounds, and other open spaces; location, sizing and preliminary design of stormwater treatment measures; and major landscaping proposals. The Director may require graphics presenting additional information as he or she determines is necessary to support the statement of intent.
(3) 
Description of Surrounding Area. A set of maps and statements providing information on the character and use of the surrounding area within three hundred feet (300') of the development site.
(4) 
Background Report. A background report which includes but is not limited to the following information: a preliminary development schedule including anticipated timing, to the extent known, for commencement and completion of each phase of development; tabulation, to the extent known, of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and, if applicable, an indication of the proposed number and type of dwelling units by phase of development; a preliminary population schedule, if applicable, including estimated residential population for the entire project at its completion and for each type of dwelling unit for each phase of development; calculation, if applicable, of the average residential density per gross acre and per net residential acre by phase, and estimated nonresidential population for each phase of development; an indication of the retail market area to be served by any nonresidential uses included in the proposal and sufficient economic data to support inclusion of such nonresidential uses; and engineering feasibility studies if determined necessary by the City Engineer.
(b) 
Accompanying Data and Reports. The proposed preliminary development plan shall be accompanied by the following data and reports:
(1) 
A list of names and addresses of all owners of the property and the extent and nature of their interest in the parcel(s) proposed for the PUD.
(2) 
A legal description of the parcel(s) and a statement of their size in acres.
(3) 
A title report verifying the description and vestees.
(4) 
Project description and other data identifying the development.
(5) 
The method whereby the landscaped areas adjacent to building sites and landscaped open areas are to be established and maintained and the method for on-site treatment for stormwater.
(6) 
Information as to whether the parcel(s) is (are) intended to remain under the same ownership and control or to be divided into smaller units during or after development, and the manner and method of the division.
(7) 
A copy of any proposed deed restrictions and covenants proposed to be recorded.
(8) 
A copy of any association description, articles of incorporation, and bylaws, and, should there be none, then a statement of the proposed contents.
(9) 
A completed environmental assessment information form.
(10) 
Satisfactory evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with the requested PUD within twelve (12) to eighteen (18) months after approval of a final development plan.
(11) 
Any other data or reports deemed necessary by the Planning and Building Director.
(c) 
Tentative Map. As appropriate, a tentative subdivision map may be submitted concurrently with the preliminary development plan.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission shall recommend a course of action on the preliminary development plan after holding a public hearing, noticed as required by Article 2 of this chapter, Common Procedures. At the conclusion of the hearing, the Planning Commission shall review the preliminary development plan for conformity with the General Plan and any applicable special requirements contained in this article and, after making the findings required by Section 9-7.1004(a), shall recommend approval, conditional approval, or denial of the preliminary development plan and any associated tentative map. The Planning Commission shall forward to the City Council the appropriate environmental documents and a written report of its recommendation.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Within thirty (30) days following the receipt of the recommendation of the Planning Commission, the City Council shall conduct a public hearing, noticed as required by Article 2 of this chapter, Common Procedures, for final action on the preliminary development plan and any associated tentative map. At the conclusion of the hearing, the Council shall review the preliminary development plan for conformity with the General Plan and any applicable special requirements contained in this article and, after making the findings required by Section 9-7.1004(a), shall approve, conditionally approve, or disapprove the preliminary development plan and any associated tentative map.
Approval of a preliminary development plan shall be by ordinance. The ordinance shall include conditions of approval specifying the uses permitted in the planned unit development; any waiver or modification of the development standards of Chapter 4, Site Development Regulations; an amendment to the Zoning Map at Section 9-3.103(a) to indicate the new PUD zone; and an amendment to Section 9-3.310 to list the new PUD.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Timing. Unless otherwise provided by an approved preliminary development plan or development agreement, within twenty-four (24) months of approval of the preliminary development plan by the City Council, the applicant shall file with the Planning Division a final development plan for the entire development or, when submission in phases has been authorized by the City Council pursuant to its review of the preliminary development plan, for the first phase of development. This time limit may be extended by the City Council pursuant to the procedures in Article 2 of this chapter, Common Procedures.
(b) 
Form and Contents. The final development plan shall substantially conform to the approved preliminary development plan. In addition to any other application requirements as specified in Article 2 of this chapter, Common Procedures, an application for a final development plan shall include the following:
(1) 
The same elements as required for a preliminary development plan pursuant to Section 9-7.1006(a).
(2) 
The location of existing and proposed water, sewerage, and drainage facilities.
(3) 
Detailed building and landscaping plans and elevations.
(4) 
Character and location of signs, or, if required by Section 9-5.1613(a)(1) or at the applicant's option, a proposed Master Sign Program.
(5) 
Proposed plans for street improvements.
(6) 
Proposed grading, site-improvement, traffic-control, drainage, sewer, and lighting plans.
(7) 
Application for any permits required by the City of Emeryville, not including demolition, grading, or building permits.
(8) 
Legal documents required for the dedication or reservation of group or common open spaces, for the creation of a nonprofit homeowners' association, or for performance bonds.
(9) 
Changes, if any, as required by the City Council as conditions of approval of the preliminary development plan.
(10) 
A narrative delineating those aspects of the final development plan that are not in exact conformance with the preliminary development plan, if any.
(11) 
Any other data or reports deemed necessary by the Planning and Building Director.
(c) 
Final Map. As appropriate, a final subdivision map may be submitted concurrently with the final development plan.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Within sixty (60) days after submission of a complete application for a final development plan, the Planning and Building Director shall examine the plan and review it for substantial conformity to the preliminary development plan approved by the City Council and whether changes and conditions of approval specified by the City Council have been met. The Director shall refer the final development plan to the City Engineer for review of its substantial conformity to the preliminary development plan respecting public improvements, including streets, sewers, and drainage, and for review of compliance with applicable conditions of approval, as specified by the City Council. Within thirty (30) days after the Director and City Engineer complete their review of the final development plan, the Director shall forward a written report to the Planning Commission advising approval, conditional approval, or disapproval of the final development plan.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission shall consider the final development plan at a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures. At the conclusion of this public hearing, the Commission shall review the final development plan for substantial conformity to the preliminary development plan approved by the City Council and to determine whether changes and conditions of approval specified by the Council have been met, and, after making the findings required by Section 9-7.1004(b), shall approve, conditionally approve, or deny the final development plan. In approving a final development plan, the Planning Commission may designate such additional conditions as it deems necessary for the final development plan to conform to the preliminary development plan, and to fulfill the purposes of these planning regulations, the General Plan, and any other applicable plans. If the final development plan does not include a Master Sign Program, the Commission may include a condition of approval requiring one, if appropriate.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission's decision on a final development plan may be appealed to the City Council pursuant to Article 14 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Applicants may, at their option, submit and file, at one (1) time, applications for both a preliminary development plan for all of the property, and a final development plan for all or some phases of the development.
(b) 
After determining that the applications are complete, the Director shall schedule a hearing before the Planning Commission on both the preliminary and final development plans, pursuant to the applicable provisions of this article. Planning Commission approval of the final development plan shall be contingent upon City Council approval of the preliminary development plan.
(c) 
The City Council shall take action on the preliminary development plan pursuant to Section 9-7.1008. A final development plan approved by the Planning Commission shall be final when the ordinance approving the preliminary development plan takes effect.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The applicant shall agree in writing to be bound, for him or her and his or her successors in interest, by the conditions prescribed for approval of the development. The approved final development plan and phased development schedule shall control the issuance of all building permits and shall restrict the nature, location and design of all uses. Minor changes in an approved final development plan, including a phased development schedule and minor relocation of uses on the site, may be approved by the Planning and Building Director if such changes are consistent with the purposes and general character of the approved final development plan, unless otherwise provided by an owner participation agreement, disposition and development agreement, development agreement, vesting tentative map, or other controlling agreement respecting the site. All other modifications shall be processed in the same manner as the original application and shall be subject to the same procedural requirements.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)