The planned development zone is designed to provide flexibility in developing innovative site plans for housing; the transfer of development densities so as to maintain viable areas of land for amenities or to accommodate portions of a parcel which should not be built upon; to allow the horizontal or vertical mixing of land uses when compatible with the comprehensive plan; the design of commercial or industrial complexes as one development site where there are multiple occupancies or land uses contemplated, and to allow innovative solutions to the use of parcels difficult to develop under the typical development site concept of this Title.

It is intended that procedural protection substitute for substantive regulation in recognition of the fact that all or part of the traditional density, bulk, spacing for use regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate pre-regulations and rigidities upon the development or redevelopment of parcels or areas which lend themselves to an individual, planned approach.

The official zoning maps may be amended, as provided for in this Title to create Planned Development Zones as further described and limited in this Chapter.

To create a planned development zone, the applicant shall submit a planned development concept plan, as specified in this Chapter, which may be adopted using the zoning map amendment procedures of this Title. When adopted, the planned development concept plan shall serve as the regulations governing developments on the land in the subject planned development zone. In adopting the planned development concept plan submitted by the applicant it may be modified as agreed upon by the City Planning Commission and the applicant.

Each planned development zone shall be assigned a serial number which shall appear on all official documents pertaining to the planned development concept plan and be a part of the zone symbol placed on the official zoning maps upon final approval of the subject concept plan.

Upon final approval of a planned development concept plan, and within the time limits specified herein, the applicant may prepare a detailed planned development site plan for submittal as the basis for building permits, grading permits, and subdivision approval as applicable. For uncomplicated or small projects, the planned development concept plan and the planned development site plan may be the same document, provided all necessary data and proposals are shown. The applicant may, at his option, submit a planned development site plan simultaneously with the submission of the planned development concept plan. Both plans must satisfy the applicable criteria, data and proposals as set forth in this Chapter. The City Planning Commission shall hold public hearings and act both upon both plans at the same hearing.

All planned developments shall be planned and developed to be in harmony with the general purposes, goals, policies and standards of the City's comprehensive plan and this Title; to avoid any substantial or undue adverse effect upon the development, use or enjoyment of adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare; to avoid any domination of the immediate vicinity which would interfere with the development and use of neighboring property in accordance with the applicable zone regulations and comprehensive plan; and to avoid any destruction, loss or damage of natural, scenic or historic features of significance, and to mitigate other significant adverse impacts, such as landslides or flooding.

The development concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned development without incurring substantial cost. The development concept plan is the basis on which the required public hearing is held, thereby permitting public consideration of the proposal at the earliest possible stage. In order to permit the City and applicant to proceed with some assurance, approval of the development concept plan binds the applicant and the City with respect to the following basic parameters of development:

1.

Categories of uses to be permitted.

2.

Overall maximum density of residential uses and intensity of nonresidential uses.

3.

General location of motor vehicle, bicycle, and pedestrian space.

4.

General location and extent of public, common and private open space.

5.

General location and type of residential and nonresidential uses.

6.

Staging of development.

7.

General statement on lands to be dedicated.

8.

Building elevations relative to any special flood hazard area which may exist in the development.

9.

General location and treatment of drainage courses.

No fixed minimum area is required for a planned development. However, the applicant shall have the burden of establishing that the tract is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives of planned developments as set forth in this Chapter.

The entire parcel of land considered for a planned development shall be considered as on development site in arranging buildings, parking lots and other facilities.

The entire tract proposed for a planned development shall be in single ownership or under such unified control as to ensure that the entire tract will be developed as a unified whole. All owners of the tract shall be included as joint applicants and all approvals shall bind all owners. The violation of this Title or any provisions of an approved planned development concept plan by any owner as to any tract shall be deemed as a violation by all owners and all tracts.

The land uses allowed in a planned development shall be set forth in the planned development concept plan and no uses shall be allowed except as expressly authorized. Lists of land uses enumerated for zones established by this Title may be adopted by reference and specific uses may be added or deleted there from.

The space limits proposed in any concept plan shall be appropriate to the development proposed and surrounding development. In general, the space limits set forth in this Title shall be a guide but shall not be a bar to finding that more restrictive space limits are necessary and appropriate in light of any unique characteristics of the development or of the character of existing nearby development. The developer shall have the burden of proving the reasonableness of any lesser space limits he may propose. Space limits enumerated for zones established by this Title may be adopted by reference and specific requirement may be added or deleted there from. The use of construction site envelope technique is encouraged so that maximum development flexibility can be achieved within the limits and principles specified in the planned development approval.

All planned development concept plans shall provide for off street parking and loading according to the provisions of the parking and loading sections of this Title. Parking may be jointly provided, but shall be sufficient in quantity and location to satisfy the demand generated by the proposed area.

The site design for any planned development shall take into consideration the ability of nearby streets to handle traffic generated by the proposed planned development and ingress and egress shall be arranged so as to promote maximum safety for those using the development and the through traffic on the street. Designs which materially reduce the carrying capacity of adjoining streets shall be avoided. If the traffic generation of the proposed development is likely to be large, the proponent of the development may be required to provide professional traffic studies.

Existing trees, waterways, floodplain areas, scenic points and vistas, natural grade and slopes, soil conditions, drainage and water tables, and other significant natural conditions and features, shall be considered in planning the design and layout of buildings, circulation elements and open spaces to the end that degradation of natural environment shall be avoided, and the manmade environment created by the development process shall take maximum advantage of the possibilities for coordination with the benefit from the natural environment.

A plan for landscaping, ground cover and screening may be required as part of the planned development site plan. Any area of the planned development not used for structures or circulation elements shall be landscaped, used for crops, or otherwise improved, unless an approved concept plan or site plan expressly requires or authorizes either the maintenance of delineated areas in their natural state or the planting of delineated areas with wild, self-sustaining vegetation intended to approximate natural conditions.

Irrespective of any provisions of this Chapter, the flood plain management provisions of this Title shall apply, and planned development concept plans covering any land in a flood hazard area or lying below a base flood elevation shall show flood protection measures.

Every planned development shall be adequately served by essential public facilities and services such as highways, streets, traffic control signals and devices, police and fire protection, drainage way and structures, refuse disposal, water supply and facilities, and sewers. Excessive demands upon support systems may be grounds for denial of a planned development as submitted. Where such facility or service is not available or adequate to accommodate the planned development, approval of the planned development concept plan or site plan may be contingent upon a plan for eliminating the deficiencies mutually accepted by the applicant and the City.

When authorized by the terms of an approved concept plan, streets of a specified size, function and location may be permitted to remain in private ownership, subject to the following requirements.

1.

Design standards. All private streets shall be named. Private streets, water lines and storm and sanitary sewer systems shall meet the design standards established by this Title for the development of subdivisions, except that the City Planning Commission may in approving of a concept plan and upon the recommendation of the Director of Public Works, establish some lesser street standards as adequate to meet the needs for which such streets are designed. The Commission shall consider the possibility of eventual City ownership or maintenance of facilities in establishing street or utility standards.

2.

Maintenance. All private streets, water lines, storm and sanitary sewer systems shall be conveyed to a property owner's association or similar organization deemed competent by the City attorney to accomplish maintenance in perpetuity or remain in single ownership of the developer or his successor who shall have legally assured perpetual responsibility for their maintenance.

Any organization established to own and maintain common open space, parking, streets, utilities or drainage facilities shall meet each of the following standards:

1.

The property owner's association must be established and all covenants and restrictions recorded prior to the sale of any property within the planned development.

2.

The bylaws and rules of the property owner's association and all covenants and restriction to be recorded must be approved by the City Attorney prior to becoming effective.

3.

All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed or released without the express consent of City Council and shall further provide that they may be enforced by the City of Ontario in addition to the landowners within the planned development.

In approving plans for a planned development, concept plan, the City Planning Commission shall have authority to impose such restrictions and conditions upon the development as may be necessary to ensure its compatibility with surrounding development and its compliance with the purposes, goals, objectives, policies and provisions of the comprehensive plan. Such restrictions and conditions shall be expressly stated and appended to the approved concept plan. A violation of such a restriction or condition shall be a violation of this Title.