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Lakewood City Zoning Code

PART 17

PD Planned Unit Development Zone Regulations

§ 9470 Purposes.

[Amended by Ord. 2002-6]
PD-SF (single family dwelling unit planned development) and PD-MF (multiple family dwelling unit planned development) Zones are hereby established to provide a means of achieving a better development on areas of land in single or joint ownership of 15,000 square feet or more where a special design proposal for a large-scale development thereof by the owners thereof makes it desirable to apply regulations more flexible than those contained elsewhere in this Chapter. The purpose of such a Zoning District is to grant diversification in the location of structures, open space and yard requirements, and other site qualities while insuring adequate standards relating to the public health, safety, welfare, comfort, and convenience.

§ 9471 Uses Permitted.

A. 
Planned unit development shall be permitted only on land in a zone classification of PD-SF or PD-MF. Except as hereinafter specifically provided, the same conditions and restrictions specified in the R-1 and R-A Zone shall be applicable to the PD-SF, and those specified in the MFR Zone shall be applicable to the PD-MF Zone.
[Amended by Ord. 2002-6]
B. 
Single-family dwelling unit planned development in accordance with and subject to a precise plan of development granted pursuant to this Part.
C. 
Multiple-family dwelling unit planned development in accordance with and subject to a precise plan of development granted pursuant to this Part.
D. 
Home business occupation, subject to the conditions and restrictions listed in Section 9320.J.
[Added by Ord. 2005-8]
E. 
The following uses provided that in each instance a Conditional Use Permit has been obtained and continues in full force and effect:
[Added by Ord. 2013-3]
1. 
Cottage Food Operations. These are subject to the conditions and restrictions listed in Section 9320.C.13.

§ 9472 Initiation of PD Zone.

A. 
Size. A "PD" District shall be established only on areas of not less than 15,000 square feet and an application to establish such a District shall be made by the owner or owners thereof, or their authorized agents.
[Amended by Ord. 2002-6]
B. 
Application and Hearing. Application and hearing shall be in accordance with the provisions of Parts 11 and 12 of this Chapter, except where specifically provided otherwise in this part.
1. 
Application shall be made only by an owner or owners or their agents, as aforesaid.
2. 
Accompanying the application shall be a general plan of development known as the "Development Plan" which shall be in the form of a map and other materials showing:
(a) 
The site proposed for planned unit development, including boundary designations.
(b) 
The location and dimensions of any existing property lines within the site.
(c) 
The names of the owner or owners and developers of the site.
(d) 
The width, location, and names of surrounding or adjoining streets; and potential street alignments within the site and connections to existing streets.
(e) 
The character and use of adjoining properties.
(f) 
The existing and tentative changes in topography of the site at not less than two-foot contour intervals.
(g) 
The location and capacities of existing utilities in the vicinity of the site and tentative extensions to the site.
(h) 
The location of any structure upon the site designated for retention or removal, and tentative locations for future buildings.
(i) 
The approximate areas proposed for various categories of land use, and a tabular summary of estimates of population densities and building intensities.
(j) 
Sketches demonstrating tentative architectural concepts of the buildings proposed to be constructed on the site.
(k) 
A statement of proposed land use, meaning single-family residential or multiple-family residential.
(l) 
Preliminary designation of areas proposed for open space, recreation, parking, and other public buildings and uses.
(m) 
A narrative description of the proposed improvements to be installed.
3. 
At or prior to the advertised public hearing on the Development Plan before the City Planning Commission, applicant may submit a Precise Plan.
4. 
The Planning Commission and the City Council may require such other information as deemed necessary, which may include but not be limited to, economic analysis, street and circulation plans, public service, facilities and utility plans, and such other information necessary to render a decision on said application.
5. 
All information and material required to be supplied by the applicant pursuant to this part shall be at the applicant's own cost and expense.

§ 9472.1 Action on Change of Zoning.

The Planning Commission and City Council shall consider the proposed change of zoning district to PD-SF (Single Family Dwelling Unit Planned Development) or to PD-MF (Multiple Family Dwelling Unit Planned Development) Zoning District in accordance with the notice given in respect to the public hearing before the City Planning Commission and the City Council. Said public hearings shall be held in the manner and time specified in this Chapter and in the Government Code for Zone Classification Amendments. The proposed zone change, or zone classification amendment to PD-SF and to PD-MF shall be as set forth in an ordinance proposing to establish said zone classification by amendment of the Zoning Map, as provided in this Chapter, in accordance with and subject to the Development Plan which shall be referred to in said Ordinance and incorporated by reference. The zone change and hearing shall be on said ordinance and Development Plan and the enactment of such a zone change by said ordinance shall amend the Zoning Map and establish said PD-SF or PD-MF Zoning Districts.

§ 9472.2 Restrictions on Use.

Notwithstanding the granting of any such zone based upon a Development Plan, no building permit or use permit shall be issued for any development of said land, nor shall any development of the site of a Planned Unit Development District be undertaken until a Precise Plan has been approved by the City Planning Commission and City Council.

§ 9472.3 Precise Plan.

A Precise Plan is required in order to protect the public health, safety and welfare and to promote the general comfort and convenience. The provisions of this Chapter pertaining to lot area, lot area per dwelling, lot coverage, front, side and rear yard, and distance between buildings shall not be applicable to any PD Zone in which a Precise Plan has been approved by the City Planning Commission and City Council providing precisely for the location of buildings, yards, open spaces, streets and other facilities in such a manner as to protect and promote the public health, safety, welfare, comfort and convenience as well or better than that provided by the rigid application of the zoning regulations of this Chapter to property otherwise zoned for residential use.

§ 9472.4 Same.

The Precise Plan shall contain the following.
A. 
Development Plan. All requirements of this Part pertaining to the Development Plan. A previously approved Development Plan may be incorporated by reference into the Precise Plan or may be recompiled into the Precise Plan as directed by the City Planning Commission.
B. 
Nature of Precise Plan. The Precise Plan is intended to be a detailed refinement of the Development Plan and shall contain the following:
1. 
The total Development Plan showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school site, open spaces, and other public or private facilities.
2. 
A statement of the proposed use, meaning PD-SF or PD-MF.
3. 
A detailed statement of the resultant densities of persons and building intensities.
4. 
Detailed engineering site plans, including proposed finished grades and drainage facilities, permanent boundaries survey information, and other information required by the City Engineer.
5. 
Where required by the City Engineer, any pertinent information required by the Subdivision Ordinance.
6. 
Landscaping plans and details.
7. 
Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the physical relationship of the foregoing.
8. 
Other pertinent information as may be deemed necessary by the Planning Commission and City Council to determine that the contemplated arrangement or use makes in desirable to apply regulations and requirements differing from those ordinarily applicable under this Chapter.
9. 
A development schedule indicating the time when commencement and completion of the construction will occur under the approved Precise Plan.

§ 9472.5 Public Hearing on Precise Plan.

The Precise Plan may be submitted prior to the hearing before the City Planning Commission on the proposed change of zone to PD-SF or PD-MF if the same contains all of the provisions of the Development Plan and Precise Plan of this Part. In such an event, the ordinance approving the PD-SF or PD-MF Zone shall incorporate the Precise Plan and no further public hearings shall be required prior to the development of said site.
However, if the Precise Plan is not developed or filed with the City until after the adoption of the aforementioned ordinance creating the PD-SF or PD-MF Zone, public hearings shall be held on the Precise Plan before the City Planning Commission and City Council following the same procedure specified herein and in this Chapter and the Government Code for hearings on amendments to zone classification ordinances. The hearing shall be on an ordinance incorporating the Development Plan, or the Development Plan as amended by the Precise Plan, and the Precise Plan, which said ordinance shall an amendment to the ordinance previously granted creating the PD-SF or PD-MF Zone. The ordinance shall be an amendment of the Zoning Map creating a PD-SF or PD-MF Zone in accordance with and subject to the Precise Plan incorporated therein. Such Development Plan or Precise Plan may be incorporated by such ordinance by reference.

§ 9473 Recommendations and Findings.

The action taken by the Planning Commission under this Part shall be in the form of a recommendation to the City Council. The City Council, in granting a PD-SF or PD-MF Zone, shall do so based upon a finding that under the Development Plan the public health, safety and welfare and comfort and convenience can be best or better promoted by limiting development to a Precise Plan. Following the public hearing on a Precise Plan, the City Council shall grant, grant conditionally, or deny approval of the Precise Plan under a finding that:
A. 
The proposed development provides over-all standards of population densities, of open space, of circulation and off-street parking, and other general conditions of use at least equivalent to those required by the terms of this Chapter in Districts where similar uses are permitted, and
B. 
The proposed Precise Plan represents a development of sufficient harmony within itself and with adjacent area to justify any exceptions to the normal regulations within this Chapter.

§ 9474 Modification of Precise Plan.

Any property zoned PD-SF or PD-MF must be developed in compliance with the Precise Plan as approved by the City Council. Non-substantial deviations may be approved by the City Planning Commission. All other modifications or deviations may be enacted only after public hearing before the City Planning Commission and City Council, called, held and determined in the same manner as required by this Part for the adoption of a Precise Plan.

§ 9475 Subdivision.

Where from the nature of the size, location, shape or topography of the parcel of land, or where from the nature of the improvements or developments shown on the Development Plan or Precise Plan, or where by reason of existing lot lines or ownership, it appears to the Planning Commission or City Council that a future division of ownership or subdivision of said parcel would be required for orderly development, the Planning Commission or City Council may require the filing of a tentative subdivision or lot split map and a final subdivision map or parcel map, as provided in the Subdivision Ordinance of the City. In such an event, the approval of any Precise Plan shall not become effective until compliance has been made with said subdivision regulation.

§ 9476 Revocation.

A. 
In any case where an application for a Precise Plan has not been filed with the City within 180 days after approval of the Development Plan of Planned Unit Development the PD Zone Change shall terminate.
B. 
In any case where the owner or owners of PD zoned land subject to an approved Precise Plan substantially failed to comply with the development schedule of the PD Zone, the zone change shall terminate as to any further or future development upon a finding of the City Council pursuant to public hearings before the City Planning Commission and City Council, all held in the time and manner required by this Part for a hearing and determining a Precise Plan.

§ 9477 Applicable Provisions.

[Amended by Ord. 2020-1; Ord. 2023-1]
Except where inconsistent with the provisions of this Part, all other provisions of this Chapter shall apply to the PD Zone, including the authority to add ADUs and a JADU to any single-family dwelling unit and to add multiple ADUs to a multifamily dwelling unit complex of attached units in accordance with the provisions of this Chapter and state law for such multifamily attached units.

§ 9477.1 Compliance.

No person shall construct any building, structure, or public improvement in a PD zone unless in compliance with the Precise Plan, and no person shall maintain or occupy any building or structure that does not comply with the Precise Plan.