A.

The Planned Development (PD) district is established to allow flexible development plans to be prepared. Such plans are intended to promote integrated, cohesive, mixed-use neighborhoods and to incorporate urban design considerations into the planning process.

B.

Chapter 16.60, 16.62 and 16.74 of this Development Code outline the applicable procedures for establishing a PD district and for reviewing subsequent development applications for projects located in a PD.

(Ord. 112 § 10, 1998; Ord. 68 § 9.45.010, 1995)

A.

Existing PD developments are indicated on the Official Zoning Map. These include the following, listed with the case numbers assigned by the County of San Bernardino or the City of Chino Hills and the name of the major project with which each PD is associated:

1.

PD 5-157 (Oak Tree Downs)

2.

PD 13-137 (Laband Ranch)

3.

PD 13-165 (546 Acres south of Sleepy Hollow)

4.

PD 15-150 (Brock Homes)

5.

PD 17-127 (Rolling Ridge)

6.

PD 17-153 (North of Western Hills mobile-home park)

7.

PD 18-157 (TT 14200)

8.

PD 19-163 (Valley Springs Estates, Carbon Canyon Area)

9.

PD 19-161 (Harvest/Oak Crest)

10.

PD 23-152 (Village Oaks)

11.

PD 25-137 (Bramalea "Grand Point")

12.

PD 26-149 (Lewis Homes/Green Valley)

13.

PD 29-139 (Payne Ranch)

14.

PD 35-159 (North of Soquel Canyon Parkway, south of Woodview)

15.

PD 37-161 (Galstian Family Trust)

16.

PD 41-149 (Lusk/Woodview)

17.

PD 41-163 (Kaufman and Broad, south of Soquel Canyon Parkway)

18.

PD 43-161 (Kaufman and Broad, north of Soquel Canyon Parkway)

19.

PD 50-167 (Richland Homes)

20.

PD 51-163 (Sterling Builders)

21.

PD 57-174 (Butterfield Ranch)

B.

To determine the regulations applicable to a particular PD project, the corresponding PD documents must be consulted. All PD files and documents are located in the offices of the Department of Community Development and are incorporated into this Development Code by reference.

(Ord. 68 § 9.45.020, 1995; Ord. No. 338, § 5, 8-13-2019; Ord. No. 361, § 5, 9-8-2020; Ord. No. 362, § 5, 9-22-2020)

A full level of public services and facilities must either exist or be planned. In addition, all of the following conditions must apply in order to apply the PD district:

A.

The PD district could serve to preserve the value and character of an area which is:

1.

Varied in topographical relief, and/or

2.

Characterized by significant amenities and natural features.

B.

The site in question would benefit from design flexibility.

C.

The site in question is at least twenty-five (25) acres in size.

D.

With respect to all applications which seek to increase density for residential development projects, including residential developments in the Planned Development district, a fiscal impact analysis shall be prepared as required by the City and paid for by the applicant. Further, this report shall include an analysis of the project's effect on the City's revenues, expenditures, service levels, capital improvement needs and project's ability to general tax revenue.

(Ord. 112 § 11, 1998; Ord. 68 § 9.45.030, 1995)

Each PD district may establish its own unique land use regulations regarding uses permitted by right, permitted accessory uses, and conditionally permitted uses. However, the following general guidelines shall apply:

A.

Where a PD does not establish specific permitted, conditionally permitted, accessory, or temporary uses, these shall be the same as those shown in Appendix A of this Development Code (at the end of Title 16) for the land use district which most closely corresponds to the proposed land use(s) in the PD.

B.

Permitted accessory uses shall be subject to the same conditions of use and development as are contained in this Development Code.

C.

Those uses listed in Appendix A (Regulation of Uses By Zoning District) of this Development Code as conditionally permitted uses shall be permitted in a Planned Development (PD) district only subject to the granting of a Conditional Use Permit by the Planning Commission pursuant to the provisions of Chapter 16.68 (Conditional Use Permits). Certain uses, such as antennas, private kennels, automobile maintenance, automobile service station, and car wash uses, although permitted in a PD district subject to the granting of a Conditional Use Permit by the Planning Commission pursuant to the provisions of Chapter 16.68 (Conditional Use Permits), require the imposition of additional development standards beyond those set forth for the PD district. These additional standards are required to ensure that such uses are operated in a manner that does not adversely impact the surrounding land uses.

D.

Uses listed in Appendix A of this Development Code as temporary uses shall be permitted in a PD zone only subject to the temporary use regulations contained in Chapters 16.40 and 16.80 of this Development Code.

E.

All uses designated in Appendix A as prohibited shall also be prohibited in the PD zone.

(Ord. 106 § 3, 1998; Ord. 68 § 9.45.040, 1995)

(Ord. No. 292, § 17, 11-24-2015)

Each PD district may establish unique development standards which shall be prepared in conjunction with the subject PD application. The final development plans approved by the City Council shall serve as the applicable zoning regulations. Whenever a PD zone does not contain any standards for a particular aspect of development (such as setbacks, lot size, or permitted uses), then the development standards for the zoning district which is closest to the proposed use shall apply.

(Ord. 68 § 9.45.050, 1995)

All single-family detached residential developments in a Planned Development district or in a PD shall comply with the following minimum development standards, regardless of whether such development product is referred to as a "condominium," an "air space lot," or any other terminology, unless a reduced lot size and different minimum development standards are approved by the City Council per Section 16.20.070 (Reduced lot sizes):

A.

Lot Size and Dimensions. The minimum lot size for single-family detached residential development in the PD district or in a PD is seven thousand two hundred (7,200) square feet with a minimum average lot width of sixty (60) feet to be provided in the development and in no case shall any seven thousand two hundred (7,200) square foot lot be less than fifty (50) feet in width. This minimum lot size and minimum lot width shall apply to all single-family detached residential lots in the PD district or in a PD.

B.

Setbacks.

1.

Front Yard. Single-family detached residential units in the PD district or in a PD shall have a minimum average front yard setback of twenty-two (22) feet and in no case shall any setback be less than twenty (20) feet, with the exception of side loaded garages with access provided from a curved driveway. For lots with side loaded garages (the garage entrance is perpendicular to the street), the front yard setback shall be a minimum of sixteen (16) feet.

2.

Side Yard. The minimum side yard setback for residential uses in the PD district or in a PD shall be an aggregate of twenty (20) feet for each lot and a minimum setback of at least seven feet shall be provided on any given lot. Uniform side yard setbacks are prohibited. Rather, the side yard setbacks on each lot are to be different so that the same setback is randomly dispersed throughout the development in order to avoid the monotony which results from repeating the same side yard setback on each lot.

3.

Rear Yard. Single-family detached residential units in a PD district or in a PD shall have a minimum rear yard setback of fifteen (15) feet. A flat, usable area with a minimum dimension of fifteen (15) feet is to be provided in the backyard and this area is not to include any area within the front or side yard setback.

C.

Driveway Length. Single-family detached residential lots in the PD district or in a PD shall have a minimum driveway length of nineteen (19) feet from the front of the garage door in the closed position to the end of the driveway for garages where the entrance is parallel to the street.

D.

Landscape Buffer Areas. All single-family detached residential developments in the PD district shall have a perimeter landscape buffer area between the development perimeter wall and any and all arterial/collector streets where the houses do not front onto the street. This buffer area shall be a minimum of fifteen (15) feet in width and shall be landscaped. The landscaped setback shall be part of a separate lot and shall not be included as part of any adjacent residential lot. This area is to be provided between the perimeter wall of the development and the sidewalk.

1.

The minimum size of shrubs to be planted within the landscape buffer area shall be five gallons. At maturity, the shrubs shall cover sixty (60) percent of the landscape buffer area.

2.

The trees to be planted within the landscape buffer area shall be a fifty (50) percent ratio of fifteen (15) gallon and twenty-four (24) inch box specimens.

3.

Ground cover shall be planted underneath all shrubs.

4.

Automatic irrigation shall be installed within the landscape buffer area, with separate valves provided to water the turf areas and shrub beds.

5.

If turf is installed within the landscape buffer area, such turf shall be drought tolerant and shall not exceed ten (10) percent of the total planting area of the landscape buffer.

6.

Herbaceous perennials shall be planted as accent color and shall cover at least three percent of the total planting area of the landscape buffer. All perennials shall be a minimum of one gallon in size.

7.

The landscape buffer area shall include such other improvements as deemed necessary by the City in order to achieve a fully landscaped appearance.

E.

Single-Story Elements.

1.

A minimum of ten (10) percent of all single-family detached residential units in a single-family detached residential development shall be single-story structures, including corner lots, unless the Planning Commission determines, pursuant to the process described in Section 16.10.050(A) of this Development Code, that there are counterbalancing factors associated with the development which ensure that the intent of the residential design guidelines will be met notwithstanding such modification or waiver.

2.

This requirement may be satisfied if the Planning Commission finds, during the residential design review process undertaken pursuant to Section 16.10.050 (Residential design guidelines), that the design of ten (10) percent of the residential units to be built as part of the development, including those to be located on corner lots, is such that the units have a strong single-story element at the front of the structure so as to minimize the appearance of bulk and overcrowding when viewed from the street. A single-story element is defined as the first or lowest story in a building which qualifies as a story as set forth in the California Building Code and which does not exceed fourteen (14) feet in height for the first twenty-five (25) feet from the front setback. Further, this single-story requirement may be modified or waived as set forth in subsection (a) of Section 16.10.050 (Residential design guidelines) if there are counterbalancing factors associated with the development which ensure that the intent of the guidelines will be met notwithstanding such modification or waiver.

F.

Walls. All walls within a PD development shall complement the architectural style of the development within which they are located. All walls shall be designed to be decorative, including architectural embellishments, whenever the walls are visible from any street and/or common area within the development. All walls shall be constructed of durable materials such as masonry, masonry combination, stone, brick, concrete, wrought iron (tubular steel), or other type of material as may be approved by the Planning Commission or the Community Development Director for durability, aesthetic, and/or sound attenuation purposes. No wood fencing shall be permitted; this prohibition against wood fencing is not applicable to fencing used as part of multi-purpose trails. No barbed wire, razor wire, or other similar temporary material shall be permitted as a wall material.

G.

Parking. Parking requirements for new residential construction on vacant property and any structural additions or reconstruction projects which are equal to fifty (50) percent or more of the floor area of the existing on-site buildings within the PD district shall comply with Chapter 16.34 of this Code. Structural addition or reconstruction project that is less than the fifty (50) percent threshold is not required to meet the parking requirement as indicated in Table 65-1 provided that the existing single-family home already provides two covered parking spaces.

(Ord. 174 § 4, 2005; Ord. 112 § 12, 1998)

(Ord. No. 225, § 3A, 6-9-2009)

All single-family detached residential developments in any PD district and/or in a PD shall comply with the following minimum development standards and requirements:

A.

Development Standards for Reduced Lot Projects.

1.

The minimum lot size for any single-family detached residential use in the PD district or in a PD shall be seven thousand two hundred (7,200) square feet with a minimum average lot width of sixty (60) feet and in no case shall any lot be less than fifty (50) feet wide. Notwithstanding the above-referenced lot size and width, a reduced lot size project may be approved in the PD district or in a PD if the following reduced lot size development standards and other requirements set forth in this section are met. A reduced lot size project is one where the minimum lot size is at least six thousand (6,000) square feet and the minimum lot width is fifty (50) feet.

2.

For lots smaller than seven thousand two hundred (7,200) square feet and are at least six thousand (6,000) square feet in size, the following setbacks are to be provided:

a.

Front Yard. Single-family detached residential units in the PD district or in a PD shall have a minimum average front yard setback of twenty-two (22) feet and in no case shall any setback be less than twenty (20) feet, except that for side loaded garages with access provided from a curved driveway. For lots with side loaded garages (where the garage entrance is perpendicular to the street), the front yard setback shall be a minimum of sixteen (16) feet.

b.

Side Yard. A minimum side yard setback of five feet on one side of the lot and ten (10) feet on the other side.

c.

Rear Yard. Single-family detached residential units in a PD district or in a PD shall have a minimum rear yard setback of fifteen (15) feet. A flat, usable area with a minimum dimension of fifteen (15) feet is to be provided in the backyard and this area is not to include any area within the front or side yard setback.

B.

Requirements for Reduced Lot Size Projects.

1.

A reduced lot size project may be approved by the City Council if the single-family detached residential development meets the minimum development standards and if additional usable common amenities are provided as part of the project, which amenities are beyond those amenities otherwise required by this Code and all other applicable ordinances, policies, and resolutions of the City. In order to be eligible to receive the benefit of a reduced lot size in a PD, the additional common amenities, as identified below, are to be provided in exchange for allowing smaller lots. The provision of these amenities is required:

a.

To ensure the maintenance of a high quality of life throughout the community consistent with the vision found in the City's General Plan;

b.

To provide adequate open space to serve the recreational needs of the residents, and to offer visual relief from the monotony of built and paved environments; and

c.

To provide adequate vehicular and pedestrian circulation to protect the public health, safety, and welfare of the community.

2.

The additional common amenities for reduced lot size projects are divided into four categories: (a) Community Identity/Image, (b) Recreational Area/Facility, (c) Neighborhood Planning Features, and (d) Site Design Features.

a.

Community Identify/Image. Each of the following elements shall be provided:

i.

Decorative paving at the entrances into the development;

ii.

Decorative street lighting at the entrances into the development;

iii.

Decorative walls and monuments at the entrances into the development;

iv.

Enhanced landscaped treatment at the entrances into the development;

v.

Consistent use of a strong architectural theme throughout the development.

b.

Recreational Area/Facility. One or more of the following elements shall be provided:

i.

An enclosed tot lot with multi-purpose play equipment;

ii.

A spa or pool;

iii.

Court facilities (e.g. tennis, volleyball, basketball, et cetera);

iv.

Community multi-purpose room equipped with kitchen and defined areas to accommodate at least two recreational activities.

c.

Neighborhood Planning Features. All of the following elements shall be provided:

i.

Pedestrian walkways and trails located in "off-road" areas outside of the right-of-way of the streets which walkways and trails provide a connection to the recreational area/facility;

ii.

Conveniently located areas for mailboxes;

iii.

Visitor parking areas.

d.

Site Design Features. At least one of the following elements shall be provided:

i.

An outdoor garden structure (e.g., gazebo);

ii.

A water feature;

iii.

A public art component.

(Ord. 112 § 13, 1998; Ord. 68 § 9.45.060, 1995)

A Planned Development may establish modified grading standards to reflect the unique characteristics of a particular project. Absent the approval of such modifications by the Planning Commission, the grading guidelines and standards contained in this Development Code shall apply.

(Ord. 68 § 9.45.070, 1995)

Design review of the Planned Development districts is intended to promote orderly, attractive, and harmonious and compatible development, and the general welfare by preventing establishment of residences or erection of structures having qualities which are not properly related to their sites, surroundings, traffic circulation or their environmental setting within these districts. To achieve these objectives, the following requirements for design review apply within the PD district:

A.

Definitions. The following definitions shall apply to this section:

1.

"Custom homes" means homes which are designed by an architect in cooperation with a property owner or developer where the design will not be utilized on more than one parcel within a tract. Custom homes do not include those which are built on a "semi-custom" basis; that is, those which are built by the developer/builder of the residential tract to order, but from a limited number of styles offered by the developer/builder.

2.

"Production homes" means homes which are generally built by a single builder constructing an entire residential tract, or phase of such tract, based upon the offering of model homes or homes which are substantially similar to other homes within the tract, or a phase of such tract, and which offer the buyer only limited options in the exterior appearance of the unit (such as color or type of architectural detailing).

3.

"Model homes" means homes which are built in a tract or a phase of such tract for purposes of allowing the developer or owner to sell other parcels within the tract, or phase of such tract, by duplicating the design of such homes.

4.

"Residential construction" means new construction on vacant property; structural additions which are equal to fifty (50) percent or more of the floor area of existing onsite buildings; and reconstruction projects which are equal to fifty (50) percent or more of the floor area of existing buildings.

B.

Residential construction within the PD district shall be subject to design review prior to the issuance of any building permits (with the exception of grading permits, which may be issued prior to the completion of the design review process). The Building Official shall obtain written verification of the approval of residential design by the Planning Commission before issuing any building permits for residential construction within a PD district, except as follows:

1.

In the case of production homes, if: (a) the design of a model home or model homes in a tract has/have been approved by the Planning Commission; or (b) if a model home or model homes has/have been built or the permit(s) for a model home or model homes was/were issued prior to the effective date of this section; or (c) a model home or homes has/have already been approved through the plan check process; no further approvals are necessary if the proposed production home(s) are built within the same tract or in adjacent tracts of the PD, if the unit(s) will be located on lots which are within twenty (20) percent of the minimum lot size of, and duplicate, the model home(s) which previously received approval(s) as set forth in (a), (b), or (c) of this paragraph.

2.

In the case of custom homes or production homes, if the Planning Commission has approved a declaration of covenants, conditions and restrictions (CC&R's) which have been recorded against the property for which a building permit is sought, and the CC&R's restrict the building of structures on the property with respect to architectural review, minimum square footage, materials to be used in the exterior construction of structures, roofing materials, setbacks and height, then no further design approval is necessary from the Planning Commission.

C.

The Planning Commission shall be responsible for design review of residential development within PD districts.

D.

1.

The design of residential construction shall be considered by the Planning Commission upon application by the owner and/or developer. An application for design review shall be deemed complete when it contains all of the information requested by the design review application developed by the Community Development Director.

2.

An application can be filed at any time, including the filing of an application in conjunction with a Tentative Map application.

a.

If a complete application for design review for a property has been received by the City's Community Development Office less than sixty (60) days prior to, or after, the approval of the Tentative Map for the property, the Planning Commission shall have sixty (60) days to approve, approve with modifications or deny the application.

b.

If a complete application for design review for a property has been received by the City's Community Development Office at least sixty (60) days prior to the date a Tentative Map application for the property is set to be heard by the Planning Commission, the Planning Commission shall approve, approve with modifications, or deny the application at the same meeting where a decision is made by the Planning Commission on the Tentative Map application.

c.

If the Planning Commission does not take action within the time restrictions set forth above, the application shall be deemed approved.

E.

The following design elements of homes within a PD shall be considered by the Planning Commission:

1.

The compatibility of the proposed design with the character and architecture of residences located within the same tract, and adjacent tracts of the PD in which the property which is the subject of the application is located.

2.

The size of individual units in proportion to the lots on which they are to be placed, and their relationship to other existing residential dwelling units (particularly units within a tract and adjacent tracts of the PD in which the property which is the subject of the application is located).

3.

The number and mix of particular unit types or elevations within a residential tract of production homes.

4.

Types of materials to be used in the exterior construction of units.

5.

The type of roofing materials to be used.

6.

The placement of units on lots, including setbacks from front and side lot lines.

F.

If a proposed residential unit within a tract of the PD, or phase of such tract: (a) does not vary by more than ten (10) percent from the smallest or largest unit previously approved or constructed within the PD, or an adjacent tract within the PD; and (b) the unit is located within a tract which has minimum lot sizes within twenty (20) percent of the minimum lot size of the tract which is being used for the comparison stated in (a); then the size of the unit shall not be considered with respect to the Planning Commission's decision on a design review application. Once a determination has been made by the Community Development Director that a unit within a PD is within this ten (10) percent allowable unit size variation, the determination shall be used as the minimum or maximum unit size which can be built without the planning commission reviewing the size of the unit.

G.

The proposed price of homes shall not be a design review element.

H.

To encourage cohesive design within neighborhoods, the following design parameters shall be used as guidelines:

1.

Residential units within a tract of the PD, or phases of such tract, should generally not be permitted to vary from the average size of units previously approved or constructed within the tract, a phase of such tract, or adjacent tracts of the PD by more than twenty (20) percent. This percentage can be adjusted to account for the difference in lot sizes between the proposed unit(s) and units within the same tract of the PD, a phase of such tract, and adjacent tracts of the PD.

2.

Units within a phase of a tract of a PD should be required to maintain the same level of architectural detailing as units in the preceding phases of the tract. (As an example, if a front elevation in the first phase of a tract contained homes which were built with covering of enhanced materials such as brick or stone, units in all following phases should be built with the same type and approximate percentage of materials).

I.

1.

The Community Development Director may approve the following changes to an approved residential design:

a.

Minor changes in the types and amounts of materials to be used in the exterior construction of the units.

b.

Minor changes in unit elevations.

c.

Minor changes in the number of particular floor plans of production homes to be built within a tract.

2.

The Community Development Director can at his or her sole discretion submit any request for changes with respect to the above elements to the Planning Commission.

J.

Time Limits.

1.

Applicability. The time limit provisions of this section shall apply to design reviews for all single-family detached residential development within the City, unless the development is part of a tract home design review, in which case the tract' home Design Review will not expire unless otherwise tied to the expiration of the tentative map in which the property is located.

2.

Use of Approved Design Review Plan. Any approved design review plan which is not used within the time specified in the grant of approval or, if no time is specified, within four years of the effective date of such approval, expires at the end of that period. For the purposes of this section, "used" means the commencement of construction activity authorized by the approval.

3.

[Expiration; Appeal.] Any applicant disputing the expiration of any design review plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council.

(Ord. 70, Exhibit A (§ 9.45.080), 1995: Ord. 68 § 9.45.080, 1995)

(Ord. No. 333, § 6, 12-11-2018)