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Belvedere City Zoning Code

19.87 Planned

Unit Development Permits

19.87.010 Purpose.

The planned unit development permit is intended to demonstrate, in both written and graphic form, that the development plan, with proposed standards, is consistent with the General Plan and will result in a quality project that is compatible with surrounding uses and properties, preserves site resources, incorporates sustainable development features, minimizes hazards, and provides a public benefit. (Ord. 2011-2 § 4, 2011.)

19.87.020 Initiation procedure.

Where a planned unit development permit (PUD Permit) is not initiated by the City Council, such application shall be made by an owner of property that will be directly affected by the proposed rezoning, and the application shall be accompanied by a filing fee as is hereafter fixed by City Council resolution. (Ord. 2011-2 § 4, 2011.)

19.87.030 Submittal requirements.

All PUD Permit applications shall include the following submittal materials:

A. Text description of the proposed project including proposed use of the site, description of the site area with existing and proposed structures, setbacks, lot coverage, building height and number of stories, number of off-street parking spaces (covered and open), total number of dwelling units and floor area size.

B. Site plan showing proposed street and lot patterns, and the location of all proposed buildings, structures, utilities, and other general site improvements.

C. Topographic map showing existing contours at five-foot intervals and existing and proposed lot lines which may be integrated with the site plan described above.

D. Architectural plans including floor plans and elevations for all structures.

E. Site photographs (ground level and aerial photographs).

F. Off-street parking analysis.

G. Landscape plan showing natural and improved open space, existing trees (including any proposed removal), proposed landscape improvements including plant materials, ground surfaces, walls, fences, screens, shelters, water features, equipment, lighting, benches or other types of outdoor fixtures or structures proposed.

H. Parcel or subdivision map (if applicable).

I. Any other item deemed by the Director of Planning and Building as necessary to evaluate the proposed project. (Ord. 2016-4 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 2011-2 § 4, 2011.)

19.87.040 Planning Commission action.

The Belvedere Planning Commission shall review the application for the rezone and PUD Permit at a duly noticed public hearing at its next available meeting following a determination by the Planning Department that the application is in compliance with the California Environmental Quality Act (CEQA). The Commission shall determine whether the proposal conforms to the criterion set forth in Section 19.87.060 and whether the findings can be made set forth in Section 19.87.070. The Commission may recommend approval or disapproval of the application, or recommend its approval subject to changes to the proposed PUD Permit or conditions of approval. (Ord. 2011-2 § 4, 2011.)

19.87.050 City Council action.

Upon receiving a recommendation on the application from the Planning Commission, the Belvedere City Council shall consider the application at a duly noticed public hearing. The Council shall review the recommendation of the Commission, determine whether the proposal conforms to the criterion set forth in Section 19.87.060, and determine whether all the findings can be made pursuant to Section 19.87.070. The City Council shall ultimately approve, conditionally approve, or deny the proposed rezone application and PUD Permit. If the Council approves the rezone application and PUD Permit or approves it subject to changes or conditions, it shall do so by ordinance and the PUD Permit shall be effective upon the effective date of the ordinance. (Ord. 2011-2 § 4, 2011.)

19.87.060 Review criteria.

Staff and decision makers shall use the following review criteria to evaluate the merits of proposed PUD Permits:

A. General Plan and zoning consistency. Evaluation of project compliance with General Plan goals and policies and identification of consistency with Zoning Ordinance allowed use and development standards. Any proposal shall include public benefits and/or amenities not otherwise required (e.g., open space, scenic views, undergrounding of utilities). Projects may not vary from the density, lot coverage, or height limit of the underlying base zone(s). Any request to allow uses not otherwise permitted in the underlying base zone(s) shall include an application for a conditional use permit.

B. Design quality. Evaluation of project text description and illustrations to ensure that project plans meet the City’s expectations for quality design.

C. Compatibility with surroundings. Evaluation of project compatibility in terms of use, structures, and other site features with surrounding uses and structures. Buffering is required (beyond the minimum setback standards of the base zoning district) between single-family-residential use and non-residential/multi-family residential uses.

D. Resource preservation. Evaluation of the preservation of natural, cultural and historic resources of the site.

E. Sustainable development features. Evaluation of project features in terms of energy efficiency and compliance with the City’s sustainability principles and best practices (social, economic and environmental).

F. Site hazards. Evaluation of site hazards to ensure mitigation or minimization of impacts to a less than significant level.

G. Public benefits and amenities. Evaluation of proposed public benefits and/or amenities not otherwise required of the project (e.g., open space, scenic views, undergrounding of utilities, etc.)

H. Environmental compliance. Evaluation of project conformance to federal and State laws, including the California Environmental Quality Act. (Ord. 2011-2 § 4, 2011.)

19.87.070 Findings required for approval.

The proposed PUD Permit shall only be approved when the City Council finds the following statements to be true:

A. The proposed project is consistent with General Plan goals and policies.

B. The proposed project furthers City of Belvedere housing goals and policies as outlined in the General Plan Housing Element.

C. The proposed project provides an organized arrangement of buildings and landscaping.

D. The proposed project complies with the density, lot coverage standards and building height standards of the underlying base zone(s).

E. The proposed project provides safe and convenient parking which is adequate to serve the people living and working in the project area and will be adequate to serve the existing and potential land uses.

F. The proposed project is compatible with neighboring properties.

G. The proposed project preserves the natural, cultural and historic resources of the site.

H. The proposed project incorporates energy efficient and sustainable development features.

I. The proposed project minimizes or mitigates site hazards.

J. The proposed project provides public benefits or amenities not otherwise required.

K. The proposed project is not detrimental to public health, safety, and welfare. (Ord. 2011-2 § 4, 2011.)

19.87.080 Conditions and/or guarantees.

The City Council may impose conditions and/or require guarantees for the PUD Permit to ensure compliance with criteria and findings herein and to prevent adverse or detrimental impact to the surrounding uses or neighborhood. (Ord. 2011-2 § 4, 2011.)

19.87.085 Development Agreement.

The City shall require a Development Agreement between the City and property owner(s) for all PUD Permits. The Development Agreement shall include any conditions and/or guarantees relative to the PUD Permit and other provisions regarding public benefits and amenities, project phasing, and time limits as appropriate. Any such Development Agreement shall be prepared and adopted in compliance with the provisions of Chapter 19.86 of this Title and Sections 65864 through 65869.5 of the Government Code of the State. Any Development Agreement shall indicate the expiration date of the agreement and the procedure for its modification. (Ord. 2011-2 § 4, 2011.)

19.87.090 Amendments.

Amendments to an approved PUD Permit (or portion thereof) shall be processed using the same procedure, and subject to the same requirements, described in this Chapter. (Ord. 2011-2 § 4, 2011.)