A.   Planned unit developments (PUDs), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the City which otherwise might not be possible by strict adherence to the regulations of this Title.

   B.   In certain instances, the objectives of this Title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this Title. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such well-planned developments, the Planning Commission is empowered to grant use permits for planned unit developments, subject to review by the City Council, provided that such developments comply with the regulations prescribed in this Chapter. The Planning Commission is also empowered to zone lands for PUD under the provisions of Chapter 22 of this Title. The approval of a PUD is intended to be discretionary rather than an entitlement. (Ord. 527, 8-4-1997)

   A.   A PUD may be located in any district upon the granting of a use permit in accordance with the provisions of this Chapter, or by applying the PUD Combining District in accordance with the provisions of Chapter 22 of this Title.

      1.   Such PUD projects including the map, development standards, and conditions, once approved by the City, shall become embodied in a map or written statement, or combination of map and written statement which shall constitute a part of the Official Zone Map of the City and this Chapter.

         a.   The PUD shall be designated on the Official Zone Map of the City and contain an identifying serial number consistent with the approval of, and documentation for the PUD. (Ord. 527, 8-4-1997)

   A.   A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

      1.   Any combination of uses permitted in an RA, R, RM or PO District as a permitted use, a use permitted by administrative review/approval, or a conditional use, may be included in a PUD located in an RA, R or RM District.

   B.   Any combination of use permitted in any CN, CC, CH, CS, CO, CD, IL or IH District as a permitted use, a use permitted by administrative approval, or conditional use, may be located in a PUD located in an IL or IH District. (Ord. 527, 8-4-1997)

   A.   The minimum site area for a PUD shall be one acre with the following exception:

   B.   For existing lots of record in older, predominantly single-family areas, where lot width is less than sixty feet (60'), the minimum site area shall be ten thousand (10,000) square feet. The minimum site area may be reduced at the discretion of the Planning Director based on exemplary PUD design. (Ord. 527, 8-4-1997)

   A.   The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the PUD is located if the applicant has demonstrated by his design proposal, that the objectives of the Zoning Ordinance and the objectives of this Chapter will be achieved.

   B.   The average population density per net acre may exceed by not more than twenty five percent (25%), the maximum population density prescribed by the General Plan, the site area regulations or the site area per dwelling unit regulations for the district in which the PUD is to be located, if the applicant can demonstrate by his design proposal and such additional evidence as may be submitted, that the objectives of this Code will be achieved. Since planned unit development may also involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve desired goals. (Ord. 527, 8-4-1997)

No use shall be permitted and no process, equipment or materials shall be employed which are found by the Planning Commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic or to involve any hazard of fire or explosion. (Ord. 527, 8-4-1997)

   A.   The regulations prescribed in Chapter 19 of this Title shall control the procedure for making application for and processing of a use permit for a planned unit development, subject to the following procedures:

      1.   In lieu of the drawing of the site prescribed in Chapter 19 of this Title, the application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for: draining of surface waters, water courses, public utility rights of way, streets, driveways and pedestrian walks, off- street parking and loading facilities, reservations and dedications for public uses, private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

      2.   The application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density and number of housing units per net acre in the area or areas proposed to be devoted to residential use.

      3.   All environmental assessment requirements shall be completed prior to the application for a PUD shall be deemed to be complete and forwarded to the Planning Commission for consideration.

      4.   When a PUD involves proposals which necessitate the filing of a tentative parcel map or a subdivision map and/or which would also necessitate the granting of exceptions to the regulations of the subdivision ordinance, the Planning Commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsection A1 and A2 of this Section may be waived temporarily, provided the applicant submits the following:

         a.   In lieu of the drawing of the site prescribed in subsection A1 of this Section, the application shall be accompanied by a schematic drawing drawn to a minimum scale of one inch equals one hundred feet (1" = 100'), showing the general relationships contemplated among all public and private uses and existing and proposed physical features.

         b.   A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per net acre contemplated by the applicant.

Upon approval of a tentative subdivision map, in accordance with the procedures prescribed by the Subdivision Ordinance, the applicant shall submit a development plan in accordance with the requirements of subsection A1 and A2 of this Section before the Planning Commission may grant a final approval of the applicant's proposal.

   B.   The Planning Director shall give written notice to the applicant of the time when the application will be considered by the Planning Commission.

   C.   The Commission may grant a use permit for a PUD as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the Commission makes the following findings:

      1.   That the proposed location of the PUD is in accordance with the objectives of this Title.

      2.   That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

         a.   And that all owners of the property within the proposed PUD have consented in writing to the adoption of a PUD and such consent has been filed with the Planning Director.

      3.   That the proposed PUD will comply with each of the applicable provisions of this Section.

      4.   That the proposed PUD will provide benefits and safeguards equal to, or greater than, those that would be provided by the regulations applicable to the proposed or existing district classifications, as the case may be, with respect to the public health, safety, comfort and general welfare, orderly physical development and growth of the City.

      5.   That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off- street loading facilities, landscaped areas and street design will produce an environment of stable and desirable character consistent with the objectives of this Title, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

         a.   Such PUD standards may vary from the property development standards of the existing or proposed underlying zoning district, provided that the variance has been clearly defined in the PUD proposal and that such variance will produce a more functional, enduring and desirable project environment, and/or affordable housing is provided, and no adverse impact to adjacent properties will result therefrom.

      6.   That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

      7.   That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Chapter 19 of this Title.

   D.   At the first regular City Council meeting held more than ten (10) days after a decision on a use permit application by the Planning Commission, the City Council shall review the decision. The City Council may affirm, reverse or modify the decision of the Planning Commission on an application for a use permit for a planned unit development, provided that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the City Council shall, on the basis of the record transmitted by the Planning Commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit for a PUD prescribed in subsection C of this Section. (Ord. 527, 8-4-1997)