238.- PLANNED UNIT DEVELOPMENT ZONE PUD
The following terms shall have the following meanings for the purposes of this article:
Planned Unit Development (PUD). A type of master planned development and the regulatory process that permits a developer to meet overall community density and land use goals, subject to zoning standards that are applied specifically to the development project and site. In return for a jurisdiction's use of more flexible development standards, the developer provides public benefits or amenities in a more innovative development project than would otherwise be possible under conventional zoning. The PUD zone is applied at the time a project is approved and may include provisions to encourage clustering of buildings, enhanced open space and/or recreational benefits outstanding architectural or landscape architectural features, and incorporation of a variety of building types and mixed land uses. A PUD is planned and built as a single project, thus fixing the type, location and design of the development project to the specific PUD zoning approval.
Significant Community Benefit. A development feature, on- or off-site improvement, or development outcome which, in the sole judgment of the City Council, significantly and demonstrably improves the quality of life, recreational opportunities, environmental health and sustainability, safety, and/or well-being of city residents.
(Ord. No. 2015-12, § 1(17.113), 9-17-2015)
The Planned Unit Development (PUD) zone allows and encourages innovative development projects that exemplify high quality, site planning, landscaping and architectural design. This zone is intended to:
(1)
Allow the flexible application of development standards for the best use of the land;
(2)
Enable more effective design responses to site features, adjacent land uses, environmental settings and impacts; and
(3)
Encourage development projects that better achieve general plan goals than would otherwise be possible under conventional zoning standards. As a result of allowing more flexible standards, a PUD can create both community and developer benefits by minimizing and mitigating impacts and by enhancing community character and livability. Each PUD shall offer significantly higher design quality than conventional development and pay special attention to the following factors: pedestrian and equestrian access, circulation and connectivity; environmental sensitivity and stewardship; energy efficiency and resource sustainability; view protection; architectural and landscape design; and neighborhood compatibility. The intent of a PUD is to:
(a)
Ensure the characteristics or impacts of new uses are compatible with adjacent land uses;
(b)
Ensure that land uses are suited to and can be accommodated by the land characteristics within the zone;
(c)
Ensure that land uses are consistent with general plan policies and relevant state and local laws;
(d)
Apply land use and development standards that are specific to the proposed development project and site, in a manner that encourages innovative, high quality development;
(e)
Limit intensity of development by ensuring sufficient land area to accommodate land uses and site improvements that provide open space for recreation or similar amenities;
(f)
Provide land uses and land use characteristics that are planned and developed to harmonize with existing or proposed development in the areas surrounding the project site and with the character of the community;
(g)
Provide innovative site layouts with:
(i)
Lot frontage that accommodates sufficient spacing for driveways, parking, site visibility, landscaping and architectural design options;
(ii)
Lot shape and dimensions allowing compatible architectural variety and sufficient spacing between buildings and use areas on adjacent lots;
(iii)
Development patterns that establish the overall development intensity and character of an area or neighborhood in keeping with the character of the existing neighborhood; and
(iv)
Setbacks and lot coverage sufficient for landscaping, usable outdoor space, recreation, privacy or noise separation ("buffer") between adjacent uses and that provide air, solar access and fire safety between buildings;
(h)
Allow densities that achieve general plan objectives of more efficient use of land, walkability near schools, shopping and public transit, energy conservation, and affordable housing; and
(i)
Require conditions of approval or exactions to be applied to land uses that, by their nature, pose potential compatibility, safety or resource problems, environmental impacts or design issues.
(Ord. No. 2015-12, § 1(17.114), 9-17-2015)
The PUD zone may be applied to any parcel or contiguous parcels that meet the development standards set forth in Section 9.238.060. PUD rezoning shall require the concurrent processing and approval of a development plan, pursuant to the provisions of Section 9.240.330, and the concurrent approval of a tentative parcel or tract map if the subject property and/or development project requires subdivision approval pursuant to the Subdivision Map Act (Cal. Gov. Code, Section 66410 et seq.) and Riverside County Zoning Ordinance No. 460, as adopted by the city of Jurupa Valley by Chapter 1.35 of the Jurupa Valley Municipal Code.
(1)
PUDs shall comply with the General Plan and any applicable Specific or Community Plans.
(2)
The PUD zone may be applied to any land use zone, shall replace the underlying zone, and shall be indicated as "PUD-xx". The PUD zoning districts shall be numbered in sequence of adoption and, upon adoption, the specific requirements and standards in a particular PUD zoning district will become the development standards for that specific PUD.
(3)
To approve a PUD rezoning, the Planning Commission and City Council must find that the proposed project and design will promote the General Plan goals and provide significant public benefit(s).
(4)
In addition to the submittal requirements for a rezoning application specified in Section 9.285.010, a PUD application shall include:
(a)
A written statement of the objectives to be achieved by the PUD through the particular approach to be used by the applicant;
(b)
A description of how the project better achieves General Plan, Specific Plan or Community Plan goals than would otherwise not be possible under conventional zoning standards;
(c)
A schedule indicating the approximate dates when construction of the development or development phases are to be started and completed;
(d)
A quantified description of the total number, type and floor area of dwelling units, parcel sizes, lot coverage, recreation and landscaped areas, natural open space, grading, proposed residential density and areas devoted to nonresidential uses;
(e)
Identification of portions of the development that would otherwise require a variance or other special exception; and
(f)
Identification of significant community benefits derived from the application of the PUD zoning and deviation from normal standards.
(Ord. No. 2015-12, § 1(17.115), 9-17-2015)
Adoption of PUD zoning, or an amendment to PUD zoning, shall follow the provisions described in this article and Chapter 9.285, Amendments and Change of Zone. Prior to submitting an application for adoption of PUD zoning, the applicant or prospective developer shall schedule a pre-application review conference with City Planning Department staff in accordance with Section 9.240.030.
(Ord. No. 2015-12, § 1(17.116), 9-17-2015; Ord. No. 2019-05, § 4, 2-21-2019)
The following uses are permitted in the PUD zone, subject to the zoning requirements contained in the adopted PUD:
(1)
Residential uses, including single-family and multi-family dwellings;
(2)
Commercial and office uses and office parks;
(3)
Manufacturing uses and industrial parks;
(4)
Open space, recreation areas, trails, equestrian facilities and parks;
(5)
Public facilities, including, but not limited to, libraries, government buildings and water and sewer facilities;
(6)
Health and community service facilities;
(7)
Home occupations;
(8)
Community-supported agricultural and community gardens;
(9)
Accessory uses;
(10)
Child day care centers;
(11)
Mixed-uses, including two or more complementary and compatible land uses; and
(12)
Other land uses determined compatible with their surroundings and consistent with the purpose and intent of this article.
(Ord. No. 2015-12, § 1(17.117), 9-17-2015; Ord. No. 2024-08, § 18, 4-18-2024)
A.
PUDs may allow development design elements not otherwise permitted in some zoning districts if specific conditions are met and provided the design meets the intent of all standards set forth in Chapter 9.240. Permits and uses shall conform to the development standards, conditions and any special restrictions contained in the adopted PUD and any amendments thereto; provided, however, that if the PUD lacks one or more standards, the project shall be subject to the development standard(s) that most closely relates as determined by the Community Development Director. All development standards shall be met, unless supporting documentation is provided that demonstrates the intent of the standard is met and all impacts are mitigated as intended by the standard.
B.
General development standards. The site development standards required for PUD projects must comply with the purposes and intent of the PUD zone. In exchange for deviation from the existing zone standards, additional amenities and enhancements shall be included, such as, but not limited to: an increase in public open space beyond minimum requirements; pedestrian and equestrian trails; parks; enhanced landscaping; high quality architectural design; protection of the city's rural character and equestrian lifestyle; clustering of dwelling units; and an overall reduction in the project's development area or footprint.
(1)
Development design elements that may be granted flexibility include, but are not limited to:
(a)
Non-standard lot sizes, lot coverages and setbacks;
(b)
Maximum building height adjustments;
(c)
Higher density of housing units or increased floor area ratios (FAR) for commercial uses;
(d)
Reduced rights-of-way and street widths;
(e)
Broader range of housing types;
(f)
Land use mix, excluding uses that are not permitted in the zoning district; and
(g)
Zero lot lines and other modifications to minimum or maximum building setbacks.
(2)
Conditions of approval required for flexibility may include, but are not limited to:
(a)
An appropriate mix of housing types and affordability;
(b)
Conditions to enhance the options for non-motorized travel and walkability;
(c)
A sustainable and synergistic mix of land uses;
(d)
Conditions to protect or enhance the quality of service from water, sewer, stormwater, electric, gas and telecommunications systems;
(e)
Green Infrastructure and enhancement of park and trail access, landscaping and appearance, and optimal stormwater management; and
(f)
Building design that protects community, natural and economic resources.
(Ord. No. 2015-12, § 1(17.118), 9-17-2015; Ord. No. 2021-09, § 4, 4-15-2021)
A public hearing shall be held on the application for a PUD simultaneously with the approval of a specific project through the Site Development Permit process in accordance with the provisions of Section 9.240.330(4)(3), and all of the procedural requirements and rights of appeal as set forth in Section 9.240.330(5) shall apply. For purposes of this section, references in Section 9.240.030(4)(3) to "large commercial developments" and "commercial development" shall collectively mean "Planned Unit Development (PUD)". Notwithstanding the above, or any other provision herein to the contrary, any PUD application that requires approval of a general plan amendment, specific plan amendment or a change of zone shall be heard in accordance with the provisions of Sections 9.30.050, 9.30.060, or 9.285.030., whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing. Notwithstanding the above or any other provision herein to the contrary, any PUD application that requires approval of a land division map or is being processed concurrently with a land division map, shall be heard in accordance with the provisions of Sections 6.5, 6.6 and 6.7 of County Ordinance No. 460, as adopted by the city of Jurupa Valley by Chapter 1.35 of the Jurupa Valley Municipal Code, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.
(Ord. No. 2015-12, § 1(17.119), 9-17-2015)
Following a public hearing, the Planning Commission may recommend, and the Council may approve or disapprove a rezoning to apply the PUD zoning district in compliance with this section.
(1)
Mandatory project features. The PUD zoning district may be approved only for a project that incorporates at least five of the following features:
(a)
Residential clustering that will provide for new neighborhoods combined with abundant open space.
(b)
Commercial development that provides products or services not currently available within the city.
(c)
Preservation of abundant natural open space.
(d)
The project will provide a substantial public amenity, for example, a significant public plaza, a public park, trails or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city.
(e)
The project includes significant environmental benefits, such as preservation, enhancement and/or creation of a significant natural feature or open spaces with a minimum area of one-half (½) acre.
(f)
Additional public benefits and project amenities that advance the city's identified objectives and evolving visions as identified in the General Plan and Community Plans.
(g)
The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving a minimum of thirty (30) percent greater energy efficiency than the minimum required by California Code of Regulations Title 24.
(h)
The project provides for a significant saving of water usage over the life of the project.
(i)
Stormwater runoff controls.
(2)
Prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment set forth in Sections 9.285.010, 9.285.020 and 9.285.030:
(a)
The project is consistent with the General Plan and any applicable Specific and Community Plans;
(b)
The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning;
(c)
The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project;
(d)
The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s), including improved pedestrian or transit access to jobs, goods and services;
(e)
The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of development than would otherwise be possible under conventional zoning standards;
(f)
The project is compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout, with adjoining land uses, mitigates environmental impacts and can be integrated into the neighborhood;
(g)
The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as necessary;
(h)
The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas;
(i)
All affected public facilities, services and utilities are adequate to serve the proposed project; and
(j)
The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Ord. No. 2015-12, § 1(17.120), 9-17-2015)
A.
Submission of final development plan. The applicant shall submit a final development plan to the Community Development Director prior to development. The final development plan shall substantially conform to the approved development plan.
B.
The applicant shall record the final development plan in accordance with Section 9.240.330(3). After recording of a final development plan, nonmaterial changes consistent with the purpose or intent of this section may be approved by the Community Development Director.
C.
Written requests for amendments to the final development plan may be approved by the Planning Commission after a public hearing, notice of which has been given as provided in Section 9.240.250(3).
(1)
Amendments shall be limited to changes in the size and position of buildings; the number, area or configuration of lots; landscape treatment; phasing, and other minor adjustments.
(2)
Amendments shall not include changes in proposed use, overall density or overall configuration of the land uses and circulation features. Amendments to these aspects of an approved final development plan shall be accomplished only by reapplication and submittal of a new preliminary development plan.
D.
The PUD becomes the zoning for the site.
E.
Material changes affecting the overall design, density or intensity, location, areas devoted to recreational amenities, including parks and open space, purpose or intent of the PUD shall require the filing of a new PUD application.
F.
After the PUD is adopted, city staff will consult the PUD's final development plan and conditions of approval to determine the site entitlements, and only the adopted final development plan will be allowed on the site, unless either an amended development plan is approved by the Planning Commission or a new development plan is approved by the City Council.
(Ord. No. 2015-12, § 1(17.121), 9-17-2015; Ord. No. 2021-09, § 4, 4-15-2021)
If the construction of the PUD is to occur in phases, each phase of the proposed development, as it is proposed to be completed, shall be of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space(s) are balanced and coordinated. The open space(s) and common facilities shall be developed and made available in proportion to the number of dwelling units or nonresidential floor area occupied during any given stage. At no time during construction of the project shall the density of developed land exceed the overall density established in the final development plan."
(Ord. No. 2015-12, § 1(17.122), 9-17-2015)
238.- PLANNED UNIT DEVELOPMENT ZONE PUD
The following terms shall have the following meanings for the purposes of this article:
Planned Unit Development (PUD). A type of master planned development and the regulatory process that permits a developer to meet overall community density and land use goals, subject to zoning standards that are applied specifically to the development project and site. In return for a jurisdiction's use of more flexible development standards, the developer provides public benefits or amenities in a more innovative development project than would otherwise be possible under conventional zoning. The PUD zone is applied at the time a project is approved and may include provisions to encourage clustering of buildings, enhanced open space and/or recreational benefits outstanding architectural or landscape architectural features, and incorporation of a variety of building types and mixed land uses. A PUD is planned and built as a single project, thus fixing the type, location and design of the development project to the specific PUD zoning approval.
Significant Community Benefit. A development feature, on- or off-site improvement, or development outcome which, in the sole judgment of the City Council, significantly and demonstrably improves the quality of life, recreational opportunities, environmental health and sustainability, safety, and/or well-being of city residents.
(Ord. No. 2015-12, § 1(17.113), 9-17-2015)
The Planned Unit Development (PUD) zone allows and encourages innovative development projects that exemplify high quality, site planning, landscaping and architectural design. This zone is intended to:
(1)
Allow the flexible application of development standards for the best use of the land;
(2)
Enable more effective design responses to site features, adjacent land uses, environmental settings and impacts; and
(3)
Encourage development projects that better achieve general plan goals than would otherwise be possible under conventional zoning standards. As a result of allowing more flexible standards, a PUD can create both community and developer benefits by minimizing and mitigating impacts and by enhancing community character and livability. Each PUD shall offer significantly higher design quality than conventional development and pay special attention to the following factors: pedestrian and equestrian access, circulation and connectivity; environmental sensitivity and stewardship; energy efficiency and resource sustainability; view protection; architectural and landscape design; and neighborhood compatibility. The intent of a PUD is to:
(a)
Ensure the characteristics or impacts of new uses are compatible with adjacent land uses;
(b)
Ensure that land uses are suited to and can be accommodated by the land characteristics within the zone;
(c)
Ensure that land uses are consistent with general plan policies and relevant state and local laws;
(d)
Apply land use and development standards that are specific to the proposed development project and site, in a manner that encourages innovative, high quality development;
(e)
Limit intensity of development by ensuring sufficient land area to accommodate land uses and site improvements that provide open space for recreation or similar amenities;
(f)
Provide land uses and land use characteristics that are planned and developed to harmonize with existing or proposed development in the areas surrounding the project site and with the character of the community;
(g)
Provide innovative site layouts with:
(i)
Lot frontage that accommodates sufficient spacing for driveways, parking, site visibility, landscaping and architectural design options;
(ii)
Lot shape and dimensions allowing compatible architectural variety and sufficient spacing between buildings and use areas on adjacent lots;
(iii)
Development patterns that establish the overall development intensity and character of an area or neighborhood in keeping with the character of the existing neighborhood; and
(iv)
Setbacks and lot coverage sufficient for landscaping, usable outdoor space, recreation, privacy or noise separation ("buffer") between adjacent uses and that provide air, solar access and fire safety between buildings;
(h)
Allow densities that achieve general plan objectives of more efficient use of land, walkability near schools, shopping and public transit, energy conservation, and affordable housing; and
(i)
Require conditions of approval or exactions to be applied to land uses that, by their nature, pose potential compatibility, safety or resource problems, environmental impacts or design issues.
(Ord. No. 2015-12, § 1(17.114), 9-17-2015)
The PUD zone may be applied to any parcel or contiguous parcels that meet the development standards set forth in Section 9.238.060. PUD rezoning shall require the concurrent processing and approval of a development plan, pursuant to the provisions of Section 9.240.330, and the concurrent approval of a tentative parcel or tract map if the subject property and/or development project requires subdivision approval pursuant to the Subdivision Map Act (Cal. Gov. Code, Section 66410 et seq.) and Riverside County Zoning Ordinance No. 460, as adopted by the city of Jurupa Valley by Chapter 1.35 of the Jurupa Valley Municipal Code.
(1)
PUDs shall comply with the General Plan and any applicable Specific or Community Plans.
(2)
The PUD zone may be applied to any land use zone, shall replace the underlying zone, and shall be indicated as "PUD-xx". The PUD zoning districts shall be numbered in sequence of adoption and, upon adoption, the specific requirements and standards in a particular PUD zoning district will become the development standards for that specific PUD.
(3)
To approve a PUD rezoning, the Planning Commission and City Council must find that the proposed project and design will promote the General Plan goals and provide significant public benefit(s).
(4)
In addition to the submittal requirements for a rezoning application specified in Section 9.285.010, a PUD application shall include:
(a)
A written statement of the objectives to be achieved by the PUD through the particular approach to be used by the applicant;
(b)
A description of how the project better achieves General Plan, Specific Plan or Community Plan goals than would otherwise not be possible under conventional zoning standards;
(c)
A schedule indicating the approximate dates when construction of the development or development phases are to be started and completed;
(d)
A quantified description of the total number, type and floor area of dwelling units, parcel sizes, lot coverage, recreation and landscaped areas, natural open space, grading, proposed residential density and areas devoted to nonresidential uses;
(e)
Identification of portions of the development that would otherwise require a variance or other special exception; and
(f)
Identification of significant community benefits derived from the application of the PUD zoning and deviation from normal standards.
(Ord. No. 2015-12, § 1(17.115), 9-17-2015)
Adoption of PUD zoning, or an amendment to PUD zoning, shall follow the provisions described in this article and Chapter 9.285, Amendments and Change of Zone. Prior to submitting an application for adoption of PUD zoning, the applicant or prospective developer shall schedule a pre-application review conference with City Planning Department staff in accordance with Section 9.240.030.
(Ord. No. 2015-12, § 1(17.116), 9-17-2015; Ord. No. 2019-05, § 4, 2-21-2019)
The following uses are permitted in the PUD zone, subject to the zoning requirements contained in the adopted PUD:
(1)
Residential uses, including single-family and multi-family dwellings;
(2)
Commercial and office uses and office parks;
(3)
Manufacturing uses and industrial parks;
(4)
Open space, recreation areas, trails, equestrian facilities and parks;
(5)
Public facilities, including, but not limited to, libraries, government buildings and water and sewer facilities;
(6)
Health and community service facilities;
(7)
Home occupations;
(8)
Community-supported agricultural and community gardens;
(9)
Accessory uses;
(10)
Child day care centers;
(11)
Mixed-uses, including two or more complementary and compatible land uses; and
(12)
Other land uses determined compatible with their surroundings and consistent with the purpose and intent of this article.
(Ord. No. 2015-12, § 1(17.117), 9-17-2015; Ord. No. 2024-08, § 18, 4-18-2024)
A.
PUDs may allow development design elements not otherwise permitted in some zoning districts if specific conditions are met and provided the design meets the intent of all standards set forth in Chapter 9.240. Permits and uses shall conform to the development standards, conditions and any special restrictions contained in the adopted PUD and any amendments thereto; provided, however, that if the PUD lacks one or more standards, the project shall be subject to the development standard(s) that most closely relates as determined by the Community Development Director. All development standards shall be met, unless supporting documentation is provided that demonstrates the intent of the standard is met and all impacts are mitigated as intended by the standard.
B.
General development standards. The site development standards required for PUD projects must comply with the purposes and intent of the PUD zone. In exchange for deviation from the existing zone standards, additional amenities and enhancements shall be included, such as, but not limited to: an increase in public open space beyond minimum requirements; pedestrian and equestrian trails; parks; enhanced landscaping; high quality architectural design; protection of the city's rural character and equestrian lifestyle; clustering of dwelling units; and an overall reduction in the project's development area or footprint.
(1)
Development design elements that may be granted flexibility include, but are not limited to:
(a)
Non-standard lot sizes, lot coverages and setbacks;
(b)
Maximum building height adjustments;
(c)
Higher density of housing units or increased floor area ratios (FAR) for commercial uses;
(d)
Reduced rights-of-way and street widths;
(e)
Broader range of housing types;
(f)
Land use mix, excluding uses that are not permitted in the zoning district; and
(g)
Zero lot lines and other modifications to minimum or maximum building setbacks.
(2)
Conditions of approval required for flexibility may include, but are not limited to:
(a)
An appropriate mix of housing types and affordability;
(b)
Conditions to enhance the options for non-motorized travel and walkability;
(c)
A sustainable and synergistic mix of land uses;
(d)
Conditions to protect or enhance the quality of service from water, sewer, stormwater, electric, gas and telecommunications systems;
(e)
Green Infrastructure and enhancement of park and trail access, landscaping and appearance, and optimal stormwater management; and
(f)
Building design that protects community, natural and economic resources.
(Ord. No. 2015-12, § 1(17.118), 9-17-2015; Ord. No. 2021-09, § 4, 4-15-2021)
A public hearing shall be held on the application for a PUD simultaneously with the approval of a specific project through the Site Development Permit process in accordance with the provisions of Section 9.240.330(4)(3), and all of the procedural requirements and rights of appeal as set forth in Section 9.240.330(5) shall apply. For purposes of this section, references in Section 9.240.030(4)(3) to "large commercial developments" and "commercial development" shall collectively mean "Planned Unit Development (PUD)". Notwithstanding the above, or any other provision herein to the contrary, any PUD application that requires approval of a general plan amendment, specific plan amendment or a change of zone shall be heard in accordance with the provisions of Sections 9.30.050, 9.30.060, or 9.285.030., whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing. Notwithstanding the above or any other provision herein to the contrary, any PUD application that requires approval of a land division map or is being processed concurrently with a land division map, shall be heard in accordance with the provisions of Sections 6.5, 6.6 and 6.7 of County Ordinance No. 460, as adopted by the city of Jurupa Valley by Chapter 1.35 of the Jurupa Valley Municipal Code, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.
(Ord. No. 2015-12, § 1(17.119), 9-17-2015)
Following a public hearing, the Planning Commission may recommend, and the Council may approve or disapprove a rezoning to apply the PUD zoning district in compliance with this section.
(1)
Mandatory project features. The PUD zoning district may be approved only for a project that incorporates at least five of the following features:
(a)
Residential clustering that will provide for new neighborhoods combined with abundant open space.
(b)
Commercial development that provides products or services not currently available within the city.
(c)
Preservation of abundant natural open space.
(d)
The project will provide a substantial public amenity, for example, a significant public plaza, a public park, trails or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city.
(e)
The project includes significant environmental benefits, such as preservation, enhancement and/or creation of a significant natural feature or open spaces with a minimum area of one-half (½) acre.
(f)
Additional public benefits and project amenities that advance the city's identified objectives and evolving visions as identified in the General Plan and Community Plans.
(g)
The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving a minimum of thirty (30) percent greater energy efficiency than the minimum required by California Code of Regulations Title 24.
(h)
The project provides for a significant saving of water usage over the life of the project.
(i)
Stormwater runoff controls.
(2)
Prior to the approval of a zoning amendment to add the PUD designation to a property, the following findings shall be made, along with the general findings required for a zoning amendment set forth in Sections 9.285.010, 9.285.020 and 9.285.030:
(a)
The project is consistent with the General Plan and any applicable Specific and Community Plans;
(b)
The project complies with all applicable provisions of this chapter, except for those provisions modified by the PUD rezoning;
(c)
The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the density and superior design of the proposed project;
(d)
The proposal would benefit the area surrounding the project to a greater degree than development allowed within the underlying zoning district(s), including improved pedestrian or transit access to jobs, goods and services;
(e)
The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable, higher quality of development than would otherwise be possible under conventional zoning standards;
(f)
The project is compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout, with adjoining land uses, mitigates environmental impacts and can be integrated into the neighborhood;
(g)
The project complies with all applicable City Design Guidelines and provides adequate access, parking, landscaping, trash areas and storage, as necessary;
(h)
The project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas;
(i)
All affected public facilities, services and utilities are adequate to serve the proposed project; and
(j)
The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Ord. No. 2015-12, § 1(17.120), 9-17-2015)
A.
Submission of final development plan. The applicant shall submit a final development plan to the Community Development Director prior to development. The final development plan shall substantially conform to the approved development plan.
B.
The applicant shall record the final development plan in accordance with Section 9.240.330(3). After recording of a final development plan, nonmaterial changes consistent with the purpose or intent of this section may be approved by the Community Development Director.
C.
Written requests for amendments to the final development plan may be approved by the Planning Commission after a public hearing, notice of which has been given as provided in Section 9.240.250(3).
(1)
Amendments shall be limited to changes in the size and position of buildings; the number, area or configuration of lots; landscape treatment; phasing, and other minor adjustments.
(2)
Amendments shall not include changes in proposed use, overall density or overall configuration of the land uses and circulation features. Amendments to these aspects of an approved final development plan shall be accomplished only by reapplication and submittal of a new preliminary development plan.
D.
The PUD becomes the zoning for the site.
E.
Material changes affecting the overall design, density or intensity, location, areas devoted to recreational amenities, including parks and open space, purpose or intent of the PUD shall require the filing of a new PUD application.
F.
After the PUD is adopted, city staff will consult the PUD's final development plan and conditions of approval to determine the site entitlements, and only the adopted final development plan will be allowed on the site, unless either an amended development plan is approved by the Planning Commission or a new development plan is approved by the City Council.
(Ord. No. 2015-12, § 1(17.121), 9-17-2015; Ord. No. 2021-09, § 4, 4-15-2021)
If the construction of the PUD is to occur in phases, each phase of the proposed development, as it is proposed to be completed, shall be of sufficient size, composition and arrangement that its construction, marketing and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space(s) are balanced and coordinated. The open space(s) and common facilities shall be developed and made available in proportion to the number of dwelling units or nonresidential floor area occupied during any given stage. At no time during construction of the project shall the density of developed land exceed the overall density established in the final development plan."
(Ord. No. 2015-12, § 1(17.122), 9-17-2015)