Davis City Zoning Code
ARTICLE 40
32 PLANNED UNIT DEVELOPMENT APPROVAL
§ 40.32.010 Purpose of article.
The purpose of planned unit development approval is to allow diversification in the relationship of various buildings, structures and open spaces in planned building groups and the allowable heights of such buildings and structures, while insuring substantial compliance with the regulations and provisions of this chapter, in order that the intent of this chapter in requiring adequate standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of modern large-scale planning for residential, commercial or industrial purposes. Provisions for a more desirable living environment than would be possible through the strict application of the requirements of this chapter are encouraged. Developers are encouraged to use more creative approaches in the development of land, to encourage more efficient, aesthetic and desirable use of open areas and open land and to encourage variety in the physical development pattern of the city.
(Ord. 296 § 31.1)
§ 40.32.020 Minimum areas.
No application shall be made for an area of less than one acre for any proposed use.
(Ord. 296 § 31.4; Ord. 580 § 2)
§ 40.32.030 Change of zoning district.
No application under this article shall be accepted for a use which will require change of zoning district, unless such application is accompanied by an application for a zoning amendment.
(Ord. 296 § 31.5)
§ 40.32.040 Drawings and plans required.
Application under this article shall be accompanied by five copies of a general development plan showing the use, dimensions and locations of proposed structures, and areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping and other open space, and architectural drawings and sketches demonstrating the design and character of the proposed uses and physical relationship of the uses. A site plan shall be submitted which accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Sections 37.01.020, 37.03.010, 37.03.020 and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s). Such other pertinent information shall be included as may be necessary for a determination that the contemplated arrangement of use makes it desirable to apply requirements differing from those ordinarily applicable under this chapter.
(Ord. 296 § 31.6; Ord. 2020 § 7, 2000; Ord. 2099 § 7, 2002; Ord. 2390 § 3, 2012)
§ 40.32.050 Public hearing.
No public hearing need be held; provided, that no zoning amendment is required. However, a public hearing may be held by the planning commission when it deems such hearing to be necessary in the public interest.
(Ord. 296 § 31.7)
§ 40.32.060 Planned unit development standards.
(a)
The gross population density and building intensity of any area proposed planned unit development shall remain unchanged and conform to the basic overall density and building intensity of the zoning district in which it lies. However, lot dimensions, building setbacks and area do not have to meet the specific requirements of this chapter; provided, that a more functional and desirable use of the land is made.
(b)
A planned and well designed variety of dwelling and building types is encouraged.
(c)
Residential lot sizes, for proposed single-family detached dwelling units, may be reduced for the following zoning districts:
(1)
R-1-6. Maximum reduction of ten percent of minimum area required by this chapter.
(2)
R-1-8. Maximum reduction of twenty percent of minimum area required by this chapter.
(3)
R-2. Maximum reduction of ten percent of minimum area required by this chapter.
(4)
R-E. Maximum reduction of sixty percent of minimum area required by this chapter.
(5)
The above reductions of lot areas shall apply provided drawings are submitted which show that the relationship of interior and exterior living or working area is desirable and adequate, and that the living and working environment is just as desirable as the strict requirements of this chapter.
(d)
For each square foot of land gained within a planned unit development through the reduction of lot sizes below the minimum requirements of this chapter, or other means, equal amounts of land shall be dedicated to the city and retained as open space for park, recreational use and related uses. All such lands dedicated shall meet the city's requirements.
(e)
The planting area, utility strip or boulevard strip between the curb and the sidewalk may be moved and placed into an acceptable public park area on an equal area basis. If this is done, then either an integral curb, gutter and sidewalk may be constructed, or another acceptable sidewalk plan may be developed. Where integral curb, gutter and sidewalk is allowed, a planting and utility strip seven feet in width is required as an easement. Integral curb, gutter and sidewalk development cannot be used on major or secondary thoroughfares or parkways. Areas required for planting strips cannot be eliminated to enable larger lot sizes or be used for purposes in a nonpublic park.
(f)
All areas proposed for dedication to the city shall meet requirements of the planning commission as to area size and location.
(g)
All areas proposed as private parks or similar uses, if using the advantages of the planned unit development approval shall convey to the city their development rights, hereby identified as recreational and open space easements, and shall meet the requirements of the planning commission as to size and location.
(h)
Rights of way for riding, hiking and other types of trails and scenic ways may be dedicated to the city through a space exchange by a reduction in lot sizes and elimination of the planting strip on an equal per square foot exchange basis; provided, that the requirements of the planning commission concerning area and location are satisfied. Rights-of-way for water courses and similar channels are not acceptable for space exchanges under planned unit development approval. However, that portion of the right-of-way which is useable as a trail or similar way may be acceptable, however it shall be approved by the planning commission.
(i)
A well designed clustering of dwellings may be accomplished through a reduction of lot sizes, the overall density remaining the same, and the provision of useable and desirable open spaces dedicated to the city, subject to the approval of the planning commission.
(j)
Public utility easements and other similar easements cannot be used for space exchange under the planned unit development approval.
(k)
Commercial development is encouraged to make a variety of uses of the setback requirements by trading space through the development of open plazas, shade tree planting areas, pedestrian malls, landscaping and similar uses.
(l)
Industrial development is encouraged to make better use of required open space by varying the setback requirements and other requirements, if it can be shown that the development results in a more efficient and desirable use of open space.
(m)
Any residential subdivision which includes land proposed to be dedicated to the city for park and open space use shall include dedication of the total park and open space area at the time of filing the final subdivision map on all or any portion of the subdivision, or tract.
(n)
The developer is encouraged to obtain a trained and experienced landscape architect, architect or land planner to prepare plans for all planned unit developments to enable the most expeditious processing of such developments.
(o)
The city shall provide the basic working drawings and landscape architectural designs for all areas dedicated to the city for public park purposes and provide the basic landscaping if the developer will do the earthwork grading following a grading plan prepared by the city and provided the developer.
(p)
All park areas and open space dedications or easements, under planned unit development approval, shall contain all improvements in accordance with the city's street improvement requirements, and shall be completed concurrent with improvements on abutting property.
(Ord. 296 § 31.8)
§ 40.32.070 Planning commission review and findings.
In order to grant a planned unit development permit, the planning commission shall find the following as contained herein:
(a)
That the proponents of the planned unit development have demonstrated that they are financially able to carry out the proposed project, and that they intend to start construction within six months from the date of the approval of the project and any necessary zoning district change, and intend to complete the construction within a reasonable time as determined by the planning commission.
(b)
That the proposed development conforms to the city master plan in terms of general location and general standards of development.
(c)
In the case of proposed residential developments, that such developments will constitute a residential environment of sustained desirability and stability, that it will be in harmony with the character of the surrounding neighborhood, and will result in an intensity of land utilization not substantially higher than, and standards of open spaces at least as high as permitted or specified otherwise, for such development in this chapter.
(d)
In the case of proposed commercial developments, that such developments are needed at the proposed locations to provide adequate commercial facilities of the type proposed, that traffic-congestion will not likely be created by the proposed center, or will be obviated by proposed improvements and by demonstrable provision in the plan for proper entrances and exits, and by internal provisions for traffic and parking, that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding area.
(e)
In the case of proposed industrial developments, that such development is fully in conformity with the applicable performance standards, and will constitute an efficient and well organized development, with adequate provisions for railroad or truck access, service and necessary storage, that such development will have no adverse effects upon adjacent or surrounding areas, and adequate provisions will be made for off-street parking and loading.
(f)
That the development of a harmonious, integrated plan justifies exceptions, if such are required, to the normal requirements of this chapter.
(Ord. 296 § 31.9)
§ 40.32.080 Action by planning commission; conditions imposed.
The planning commission shall act upon an application under this article within forty-five days, pending any necessary zoning amendments. In taking action, the planning commission may deny a permit, may grant a permit as submitted or may grant a permit subject to additional conditions. Such conditions may include a performance bond of not more than ten percent of the estimated cost of the planned unit development. Any planned unit development as authorized shall be subject to all conditions imposed, and shall be excepted from other provisions of this chapter only to the extent specified in the permit.
(Ord. 296 § 31.10)
§ 40.32.090 Compliance with permit.
Following the approval of a final planned development application by the planning commission, the director shall ensure that development is undertaken and completed in conformance with the approved plans.
(Ord. 296 § 31.11; Ord. 1444 § 15; Ord. 1923 § 15; Ord. 2572 § 3, 2020)
§ 40.32.100 Revocation and expiration of development permit.
A planned unit development permit may be revoked in any case where the conditions of such permit have not been or are not being complied with. The planning commission shall give to the permittee notice of intention to revoke such permit at least ten days prior to the review of the permit by the planning commission. After conclusion of such review, the planning commission may revoke such permit. In any case where a permit has not been used within six months after the date of granting thereof, then without further action, the permit granted shall be null and void.
(Ord. 296 § 31.12)
§ 40.32.110 Extensions of time.
Extensions of time limitations in this article may be granted by the planning commission upon the showing of good faith effort by the permittee to comply therewith and failure to so comply by reason of conditions beyond the control of the permittee.
(Ord. 296 § 31.13)