A.

The purposes of the PUD district include the following:

1.

To encourage the planned development of parcels sufficiently large as to permit comprehensive site planning and building design;

2.

To provide a more flexible regulatory procedure by which the basic public purposes of the Arvin general plan and zoning ordinance may be accomplished;

3.

To encourage creative approaches to the use of land through variation in siting of buildings and the appropriate mixing of several land uses, activities and dwelling types;

4.

To enhance the appearance and livability of the community through encouragement of creative approaches to the use of the land and the design of facilities;

5.

To promote and create public and private open space as an integral part of land development design to reduce, when appropriate, the amounts of public and private improvements normally required by developments;

6.

To maximize choice in the types of environments available in the city;

7.

To encourage private development of older areas of the city and for enhancement and preservation of property with unique features, such as property having historical significance, unusual topography and/or landscaped features.

B.

These purposes are to be ensured through the preparation and submission of comprehensive development plans showing proper site layout, design character and integration with the surrounding, and through the planning commission's careful review of said plans.

(Ord. 173 §2(part), 1982).

A.

For the purposes of this chapter, a planned unit development district zone may be established and development commenced only upon demonstration that the above purposes will be achieved and that the applicant and his successors are willing and able to implement a master development plan in accordance with conditions and time schedules agreed upon between the applicant and the city, as provided herein.

B.

Designated area(s) as established by the zoning map may consist of a group of parcels of one (1) acre or more may be considered for a planned district, provided that the property(ies) are owned or its development controlled by a single individual or legally constituted corporation or partnership; or, in the case of property held in various ownerships, provided all parties owning and controlling property in the area to be developed become parties to a legal agreement binding them to abide by the master development plan, as approved, with said agreement to run with the land as a condition of future use, sale or lease. The development shall be initiated and completed by the applicant or joint applicants, as the case may be. Unless otherwise provided in the approval of the planning commission, the developer may not divide and transfer units of the development. All of the provisions of this district are supplementary to the Arvin sub-maps contemplated for the same property or for portions thereof and shall be processed concurrently with the development plans specified under this chapter.

(Ord. 173 §2(part), 1982).

(Ord. No. 496, § 16, 7-23-2024)

The following provisions shall apply in a planned unit development district, together with all other applicable provisions of the Arvin zoning and subdivisions ordinances. Where conflict in regulations occur, the regulations specified in this district or on a development plan pursuant to the requirements of this district shall apply:

A.

Planned unit development district may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes of this chapter. No planned unit development district shall be less than one (1) acre of contiguous land.

B.

The purpose of this district may be accomplished only on a satisfactory demonstration by the applicant that the proposed development is in conformity with the Arvin general plan and any element thereof, and in accordance with specific plans or policies adopted by the city council. Correspondingly, the planning commission and city council shall find that the proposed planned unit development district conforms to such plans and policies. Policies relative to the uses permitted in any planned district shall be determined in compliance with the general location, amounts and densities of such uses as set forth in the Arvin general plan, or in specified plans adopted by the city. Planned unit development districts may, under these circumstances, combine a variety of land uses. Mixed-use may include any skillful combination of the range of permitted uses, and may occur among or within buildings as long as the uses are compatible with each other and with existing and potential uses surrounding the district.

C.

Before detailed studies of any development plan shall be undertaken by the planning commission, there shall be on file with the city the written consent of not less than sixty percent (60%) of the property owners in the proposed district that such detailed studies be made.

D.

Standards for area, coverage, light, and air orientation, building height, sign placement and design, yard requirements, open spaces, off-street parking and screening for planned unit development district uses shall be governed by standards which the planning commission shall from time to time adopt. The planning commission shall, upon adopting such standards, be guided by those standards and requirements of the zoning district most similar in nature and function to the proposed planned district use's and shall also be guided by the provisions of sections 17.45.130 and 17.45.180.

E.

Since the provision of public and private open spaces, as an integral part of land development planning and design, is a required prerequisite of PUD zoning, the planning commission shall recommend to the city council and the city council shall adopt principles and standards for the provision, improvement and maintenance of required open space, and may require higher standards of open space for residential portions of a PUD district than are required elsewhere in this chapter for residential uses.

F.

All electrical and telephone facilities, conduits, street light wiring and other wiring, conduits or facilities shall be placed underground by the developer. Electrical and telephone facilities shall be installed in accordance with the standards and specifications of the serving utilities and the city.

G.

Standards for public improvements shall be governed by applicable ordinances and laws of the city. Exceptions to standards of this section or to standards adopted by the planning commission or city council shall be granted by the planning commission and city council only in cases where these bodies find that such exceptions encourage a more desirable environment, are warranted in order to foster the establishment of a comprehensively planned and designed development or unit thereof, and are consistent with the purposes of section 17.45.010.

(Ord. 173 §2(part), 1982).

(Ord. No. 496, § 16, 7-23-2024)

Prior to or during the process of reviewing and acting upon the preliminary development plan, the planning commission shall determine the allowable residential densities for the proposed development and shall be guided by the following:

A.

All planned unit development districts in which residential uses are proposed shall be governed by the residential densities set forth in the Arvin general plan, or in any adopted specific plans, or in official city plans and policies in process of preparation and adoption.

B.

Residential planned development districts may, and are encouraged to, depart from standard subdivision and housing design by providing a variety of lot sizes and housing types, provided that the overall residential density yield conforms with the city policy as determined in subsection A above, and provided residential amenities are provided in amounts and locations conducive to the establishment of a quality residential environment and/or residential environments of special social importance to the city.

C.

Notwithstanding subsection A above, whenever the proposed development contains two or more different dwelling types, including single-family detached dwellings, single-family, semidetached or attached dwellings, and not more than two-thirds (⅔) of the total number of dwelling units are included in any one of such dwelling types, the maximum total number of dwelling units permitted within the development may, at the discretion of the planning commission, be increased to one hundred percent (100%) of the number of dwelling units otherwise permitted under the provisions of subsection A above, provided it is clearly demonstrated that the increased amenities provided within the proposed development are proportioned to the increased density.

(Ord. 173 §2(part), 1982).

A.

Application for PUD zoning shall be made on a form provided by, and shall be submitted in two (2) copies to the Arvin planning commission. Submission of plans shall be in two (2) stages; the first stage shall be submission of a preliminary development plan, and the second shall be the submission of a master development plan.

B.

The purpose of the preliminary development plan is:

1.

To submit a generalized plan to the planning commission for an approval, in principle, of the proposed development and concept and layout;

2.

To inform the commission of the general nature, dimensions and impact of the proposed development;

3.

To allow the commission to indicate such modifications as may be necessary for final approval and to so inform applicant before he shall have any extensive expenditures on more detailed studies and plans.

(Ord. 173 §2 (part), 1982).

A.

Approval in principle of the preliminary development plan shall be limited to the general concept, and to the general acceptability and intensity of land uses proposed and their interrelationships, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility.

B.

Ten (10) copies of a preliminary development plan and typewritten report shall be submitted to the city planner, and shall include the following information:

1.

A preliminary development plan of the entire proposed development, showing land uses, densities, traffic circulation, streets, private roadways, pedestrian circulation, estimated population, reservations and dedications for public uses (including schools, parks, playgrounds and open spaces), and major landscaping features. All elements listed in this paragraph shall be characterized as existing or proposed, including topography, and shall be shown only in such detail as is necessary to indicate clearly the intent of the development;

2.

A tabulation of the land area to be devoted to various uses, including open spaces, and a calculation of the overall density and the average densities per net residential acre of the various residential areas proposed;

3.

A stage development schedule showing the various units of development through completion, and indicating that the developer intends to commence construction of the first development unit within one year from the date of approval of the master development plan;

4.

A statement describing the existing topography, soil conditions and drainage within the proposed development;

5.

A statement proposing the methods of maintaining and perpetuating common open areas and facilities;

6.

A description of the proposed grading program;

7.

Identification of proposed future ownership and maintenance of streets, driveways, sidewalks, pedestrian ways and open spaces;

8.

If required by the planning commission, a market analysis for commercial uses, demonstrating the need for such commercial uses within the district in the types, amounts and locations proposed.

(Ord. 173 §2(part), 1982).

Upon application for approval of a preliminary development plan, within sixty (60) days after filing of the application, the commission shall review the application and the accompanying preliminary development plan. If the commission finds that the proposal does not meet all applicable criteria and standards, it shall deny the application, giving its reasons therefor. The commission may, at its discretion, refer the plan to the city council for its review and comments, and the city council may so instruct the commission to do so if it wishes to make its views known during the preliminary planning process. Approval or denial shall become effective ten (10) days after a decision is rendered unless an appeal in writing is made to the city council by the applicant in accordance with Chapter 17.54 of the Arvin Municipal Code.

(Ord. 173 §2(part), 1982).

A.

Within six (6) months of the approval of the preliminary development plan by the planning commission, or any extension by the commission, the applicant shall submit ten (10) copies of the master development plan, including maps and a written report, conforming in all major respects with the approved preliminary development plan.

B.

The final plan shall include all elements included in the preliminary development plan, including the following:

1.

Survey of the property showing existing features, including trees, structures, streets, easements, utility lines, land uses, existing zoning, and existing ownerships. The information shall also be provided for the surrounding area within three hundred (300) feet of the proposed development, at the discretion of the planning commission;

2.

Master plans for street improvements, water, sewage, flood control, drainage facilities and public utilities;

3.

Topographical map showing areas of grading;

4.

Tabulation of number of dwelling units by type for each increment of the total master development plan and the estimated population per increment;

5.

Tabulation of land use;

6.

Proposed standards for height, open space, building intensity, and public improvements;

7.

Engineering and economic feasibility studies, as required by the planning commission;

8.

Copies of legal documents required by the planning commission for dedication or reservation for group or private open space, or for the creation of nonprofit homeowners' associations, or assessment districts for open space maintenance.

(Ord. 173 §2(part), 1982).

A.

Upon receipt of the master development plan by the city planner, he shall forward such development plan to the affected city departments and public agencies for review and approval of public improvements, including streets, sewers, drainage, fire protection and public utilities.

B.

The city planner shall call within fifteen (15) days of receipt of the master development plan a city staff meeting to review the proposals contained therein. The planning commission shall not act finally on any application until it has first received a report from the city planner which shall be submitted to the planning commission within thirty (30) days of the staff meeting.

(Ord. 173 §2 (part), 1982).

A.

Upon receipt of the master development plan, the planning commission shall, after notice, hold a public hearing in the manner provided in the Arvin Municipal Code.

B.

After such hearing and after examining the plan for conformity to the preliminary development plan and all applicable criteria and standards, the commission may recommend approval subject to specified modifications and conditions. The planning commission may act upon a specified development plan for the first increment concurrently with action on the master plan, subject to the provisions of this chapter for approval of a specific development plan.

(Ord. 173 §2(part), 1982).

Before recommending approval, the planning commission shall find that the proposed development conforms to the following criteria and specific city plan requirements as may be applicable within the areas in which the proposed development is located:

A.

The location and design of the proposed development shall be consistent with the goals and policies of the Arvin general plan, and with any other applicable official plan or policies adopted by the city council, or in the process of being prepared and adopted.

B.

The proposed location shall allow the development to be well-integrated with its surroundings.

C.

All vehicular traffic generated by the development is to be accommodated safely and without causing any undue congestion on adjoining streets.

D.

1.

The proposed location and design shall allow residents and business establishments to be adequately serviced by existing or proposed public facilities and services;

2.

In appropriate circumstances and as provided elsewhere by the zoning ordinances, the planning commission may require that suitable areas for schools, parks, playgrounds, pedestrian ways, or public open spaces shall be dedicated for public use, or reserved by deed covenant for the common use of all residents, establishments or operations in the development.

E.

The overall design of the proposed planned unit development shall produce an attractive, healthful, efficient and stable environment for living, shopping or working.

F.

The development shall be integrated with its setting, shall not require earth moving or grading that would destroy desirable natural features, nor be visually obstructive, disharmonious with surrounding areas and facilities.

G.

The uses proposed shall have a beneficial effect not obtainable under other existing zoning regulations. Any departure from other chapter requirements shall be warranted by the design and amenities incorporated in the master development plan, in accord with the adopted policies of the planning commission and the city council.

H.

Demonstration shall be made that each individual unit of development, and the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability.

(Ord. 173 §2 (part), 1982).

The Arvin city council, after giving public notice, shall hold a public hearing to approve or deny the master development plan, provided that in overruling a planning commission recommendation for denial, the city council shall make the findings listed in Section 17.45.110 above. Approval of the master development plan shall be by ordinance.

(Ord. 173 §2(part), 1982).

Minor changes of a technical nature to an approved master development plan may be approved by the city planner, provided changes are consistent with the purposes and character of the master development plan. Such changes shall not change the densities heretofore established, nor the boundaries of the subject property, nor any use as shown on the approved master development plan, nor the location or amounts of land devoted to specific land uses. All modifications or amendments to an approved plan other than the minor changes shall be processed as an original application and shall be subject to applicable, substantive and procedural requirements of the planned unit development district procedure, provided that the filing fee therefor shall be as set by resolution of the city council.

(Ord. 173 §2(part), 1982).

(Ord. No. 449, § 4, 6-19-2018)

Whenever a planned unit development district has been established, its boundary shall be indicated on the official zoning map of the city.

(Ord. 173 §2(part), 1982).

A.

Within twelve (12) months following approval of the final master development plan, or concurrently with submission of the master development plan, the applicant shall submit to the planning commission an application for approval of a specific development plan for the first increment of development. Specific development plan approval, valid for one year, shall be secured for each unit or increment of a planned unit development district development as delineated on the master development plan. No development, improvement or building construction within any unit of the planned district area covered by a master development plan, approved by a master plan approved by the city council shall be commenced until the planning commission shall have approved the specific development plan for the unit.

B.

Specific development plans, in a form and of such detail as is satisfactory to the city planner, shall set forth detailed specific features of each increment of development. They shall conform to the master development plan, and consist of:

1.

A topographic map showing all cuts and fills, precise drainage, flood-control proposals, and boundary data;

2.

Detailed site plan, showing buildings, area utilization, traffic and pedestrian circulation, location, width, grades and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities and other public improvements, building height, dimensions of space between buildings, and distance from property lines and rights-of-way;

3.

Building plans and elevations;

4.

A precise landscaping, planting and irrigation plan;

5.

A tentative subdivision map, showing precise division of the land for sale or lease or individual property as provided in the State Map Act and the Arvin subdivision ordinance;

6.

Location and dimensions of public or semipublic areas, including but not limited to schools, parks, playgrounds and parking areas;

7.

A statement setting forth a program for installation and continued maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds, and public or semipublic community buildings and facilities.

C.

Within sixty (60) days following receipt of the application for specific development plan approval, the planning commission shall approve, conditionally approve or disapprove the proposed specific development plan, and shall notify the applicant of its action. Appeal may be made to the city council by the applicant in accordance with appeal procedures of this chapter.

(Ord. 173 §2(part), 1982).

A.

The planning commission may, as a condition of approval, require that suitable areas for schools, parks and playgrounds be set aside, improved and dedicated for public use, or be reserved for the owners, residents and establishments in the development by deed restrictions. Whenever group or common open space is provided, whether required or not, the planning commission shall, as a condition of approval, require that some provision be made for perpetual maintenance of such open space. The form of any instrument used to assure open space maintenance shall be approved by the city attorney as to its form and content. Agreements and covenants running with the land shall include provisions for charges to be levied for carrying out of the specified functions and administrative expenses of said perpetual maintenance. The city shall be a party in interest in any such development, and may by mandatory injunction enforce the provisions of this chapter.

B.

To assure that open space shall be available for the entire developed planned unit development district, public sites and development rights to required open spaces shall be dedicated in advance of development whenever such dedication is required. In any event, whether a subdivision map is required or not, any required dedication of public sites and development rights to required open spaces for the entire district shall be made as a condition of approval of the specific development plan.

C.

Other dedication for streets, utilities, flood-control rights-of-way, and for easements and other public purposes may be required as a condition of approval of the precise development plan.

(Ord. 173 §2(part), 1982).

The city council shall require the applicant to furnish a completion bond or cash equivalent in an amount deemed sufficient by the city planner to cover the costs of public improvements, incidental expenses, and to cover replacement and repair of existing streets and other improvements damaged in the development of the unit. All public improvements shall be constructed in accordance with standard specifications of the city.

(Ord. 173 §2(part), 1982).

A.

A final subdivision map or parcel map submitted in combination with, or after approval of, the specific development plan shall not be approved for recordation by the city council until after the planned unit development district zoning has become effective. Disapproval of any specific development plan, for which a tentative subdivision has been submitted shall make the map approval void. An entirely new tentative map and fees shall be filed prior to further consideration of a subdivision of the subject property.

B.

No building permit shall be issued until a final subdivision map, or parcel map if required, has been prepared for the specific development plan, or any approved stage thereof, in compliance with the State Map Act and the Arvin subdivision ordinance.

(Ord. 173 §2(part), 1982).

If the applicant fails to submit a specific development plan for the first increment within twelve (12) months after approval of the final master development plan, or fails to proceed with subsequent increments in accordance with the development schedules as submitted, the master development plan shall be considered void and a new application for a master development plan must be initiated in accordance with the procedures of this chapter. These time limits may be extended for just and exceptional cause upon mutual agreement between city and the applicant.

(Ord. 173 §2(part), 1982).

Within ten (10) days following the date of a decision by the planning commission upon an application for approval of a specific development plan, or for approval of any modification or amendment of any authorized plan, or any condition imposed therein, an appeal may be taken to the city council by the applicant or the owners.

(Ord. 173 §2(part), 1982).

A.

Upon the filing of a preliminary development plan, the applicant shall pay the city an application fee as set by resolution of the city council.

B.

Upon the filing of a master development plan, the applicant shall pay the city an application fee as set by resolution of the city council.

C.

Upon filing of each precise development plan, the applicant shall pay the city an application fee as set by resolution of the city council plus three and one-half percent (3 ½%) of the engineer's estimate of cost of the proposed improvements, as approved by the city engineer.

(Ord. 173 §2(part), 1982).

(Ord. No. 449, § 5, 6-19-2018)