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Orange City Zoning Code

CHAPTER 17

16 PLANNED UNIT DEVELOPMENTS

§ 17.16.010 Purpose and Intent.

The Planned Unit Development (PUD) is established to provide an alternative to standard residential development wherein the existing general plan densities are preserved but flexibility is provided by allowing the clustering of units and combining of open space, recreation areas and roadways under common ownership.
(Prior code 17.66.010, 17.82.010; Ord. 44-73; Ord. 20-82; Ord. 12-95)

§ 17.16.020 Conditional Use Permit Required.

A Conditional Use Permit before the Planning Commission and City Council shall be required for the establishment of a Planned Unit Development (PUD). Once a PUD is established, the Conditional Use Permit shall be binding upon the applicants, their successors, and assignees, and shall regulate the construction, location, use and maintenance of all land and structures within the development.
(Prior code 17.66.040, 17.82.020; Ord. 44-73; Ord. 65-79; Ord. 20-82; Ord. 12-95)

§ 17.16.030 Findings.

In order to qualify for a Planned Unit Development, the following findings must be made by the reviewing body to justify the approval:
A. 
The project conforms to the general plan in regard to land use designation and density.
B. 
The project utilizes creative and imaginative planning and design features to create a quality living environment, equal to or better than what might be accomplished under the base zone designation.
C. 
The project preserves unique physical, topographical or environmental features, where applicable.
(Prior code 17.66.040, 17.82.020; Ord. 44-73; Ord. 65-79; Ord. 20-82; Ord. 12-95)

§ 17.16.040 Permitted Locations.

Planned Unit Developments may be located in any zone district zoned for residential use, or as otherwise indicated in Table 17.13.030[1] of this title. A PUD shall be adopted by ordinance, and indicated on the zoning map by the base zoning designation and the Conditional Use Permit number applicable to that PUD. For example, in the R-1 zone, a PUD may be indicated R1-7 (PUD 1901-91).
(Ord. 12-95)
[1]
Editor's Note: Table 17.13.030 is included as an attachment to this Title.

§ 17.16.050 Application for a Planned Unit Development.

A. 
In addition to the information required for a Conditional Use Permit application, applications for a PUD shall include a precise plan of development that includes the following details:
1. 
The dimensions of the total site, including gross and net acreage.
2. 
The project density calculated on gross acreage and net acreage (exclusive of public right-of-way).
3. 
The proposed site design and organization of buildings and residential clusters, including building footprints with all setbacks identified.
4. 
The location and dimensions of infrastructure, including roads, pedestrian paths, and bicycle or equestrian paths and trails.
a. 
The interior circulation system shall be shown in relationship to the exterior circulation system.
b. 
The plan shall indicate whether the circulation system will be private or dedicated to the public.
5. 
Areas reserved for common open space and any designated active recreation areas or facilities, and calculations showing the acreage of open space.
6. 
Architectural concept for structures proposed within the PUD.
7. 
A calculation of the total number of parking spaces required and provided, and detailed plans of parking areas.
8. 
A conceptual landscape plan, including perimeter walls for the development.
9. 
An anticipated phasing plan.
10. 
Other information as determined to be necessary to facilitate review by the Director of Community Development.
B. 
Whenever a planned unit development is proposed to be subdivided in any manner, a tentative tract map or parcel map shall also be filed.
(Ord. 12-95)

§ 17.16.060 Development Standards.

This section establishes minimum development standards for PUDs. The reviewing body may require more stringent standards to ensure compatibility with surrounding uses, quality of life for future residents and protection of public health, safety, and general welfare.
A. 
Density. The total number of dwelling units permitted shall not exceed the number allowed by the General Plan. In establishing the density, the reviewing body shall consider compatibility with surrounding land uses and densities on adjacent parcels.
B. 
Building Height. The underlying zone district shall govern the maximum permitted building heights for all structures within a PUD.
C. 
Building Separation. Distance between dwellings are required in order to provide adequate light and air and privacy. The provisions outlined in Table 17.16.060 shall apply, as well as specific provisions found in building and fire codes. Architectural features such as chimneys and eaves may encroach into the required separation area by no more than two feet.
D. 
Setback from Public Right-of-Way. All structures (including walls or fences exceeding 42 inches in height) shall be set back a minimum of 20 feet from a public right-of-way. The required setback area shall be landscaped.
E. 
Project Area Boundary Setback. All habitable structures shall be set back a minimum of 10 feet from any project boundary not abutting a street. Buffer of trees or hedges shall be provided as appropriate to ensure compatibility with adjacent uses.
F. 
Interior Street Setbacks. All structures shall be set back a minimum of 10 feet from any interior street. Garage door openings shall be set back a minimum of 20 feet from any interior street, unless one additional parking space is provided for all units containing garages with driveways less than 20 feet in length. Such space must be conveniently located to the units.
Table 17.16.060
REQUIRED DISTANCES BETWEEN BUILDINGS
Minimum Required Distance Between Principal Structures on the Same Lot (a)
Number of Structures
Front/Any Other Building Wall
All Other Configurations
Minimum Distance Between Principal and Accessory Structure
One
N/A
N/A
6 feet
Two to Four
15 feet
8 feet
6 feet
Five or More
25 feet from view allowing windows in any adjacent structure. 15 feet minimum between solid facing walls, or when windows are located on only one facing wall.
6 feet
NOTE:
(a)
For obliquely aligned buildings, the required distance between two principal structures may be decreased by up to five feet if the distance at the opposite corner is increased by an equal or greater distance.
G. 
Landscaping. Landscaping shall be provided as required by the City's Landscape Standards and Specifications.
H. 
Open Space/Recreation.
1. 
Usable open space shall be provided as set forth in Table 17.14.070 of this title. Usable open space shall not include any portion of off-street parking space, driveways, turnaround areas, required setback area from public right-of-way.
a. 
Private open space shall be provided in the form of a fenced or screened yard or patio, a deck, or a balcony. In order to count toward the open space requirement, a yard area, or uncovered patio or deck shall have a minimum width and length of 10 feet, the minimum dimension of a balcony (both width and depth) shall be seven feet.
i. 
For PUDs containing up to six units per acre, a minimum of 450 square feet per unit shall be provided.
ii. 
For PUDs containing seven or more units per acre, a minimum of 100 square feet per unit shall be provided.
b. 
Common usable open space areas shall conform to the requirements set forth in Table 17.14.070 and Section 17.14.110(B) of this title.
2. 
Recreation Facilities/Open Space Amenities.
a. 
Within each PUD, one common recreational or open space amenity shall be provided for each 25 units or fraction thereof. A mix of recreational amenities shall be provided for PUDs exceeding 25 units.
b. 
The following listed amenities satisfy the recreational facilities requirement recognizing that certain facilities serve more people, have a wider interest or appeal and/or occupy more land area than others, specified items may be counted as two amenities:
i. 
Clubhouse (two);
ii. 
Swimming pool (two);
iii. 
Tennis court (one per court);
iv. 
Basketball court (one per court);
v. 
Racquetball court (one per court);
vi. 
Weightlifting facility;
vii. 
Children's playground equipment;
viii. 
Sauna;
ix. 
Jacuzzi;
x. 
Day care facility;
xi. 
Lake or water feature (excluding water fountain);
xii. 
Other recreational amenity/facility deemed adequate by the Community Development Director.
3. 
Pedestrian Paths. There shall be a system of pedestrian pathways connecting all dwelling units or dwelling groups to common usable open space areas.
I. 
Private Streets. Private streets shall be permitted when a home owners' association is established to maintain them. Streets shall be constructed to standards and specifications acceptable to the Director of Public Works.
J. 
Access. Access to each residential unit shall be provided by either a public right-of-way or private vehicular way. Residential units shall not have individual vehicular access onto arterial highways. Access roadways shall adequately provide for fire fighting apparatus and refuse collection.
K. 
Parking Regulations. Off-street parking shall be provided as set forth in Chapter 17.34 of this title.
(Prior code 17.66.090, 17.82.030; Ord. 44-73; Ord. 19-79; Ord. 20-82; Ord. 12-95)

§ 17.16.070 Conditions, Covenants and Restrictions.

A community association or other means acceptable to the City must be established to maintain all commonly held property. Copies of conditions, covenants and restrictions that will apply to the proposed development shall be submitted to the Community Development Department and City Attorney for review prior to the issuance of the building permit for the project.
(Prior code 17.66.030; Ord. 44-73; Ord. 20-82; Ord. 12-95)

§ 17.16.080 Changes or Amendments to Approved PUDs.

Minor changes which are limited to small site alterations which do not substantially change the concept of the PUD as approved, may be authorized by the Community Development Director. Major changes, such as those pertaining to density, land use, and amount or arrangement of open space, must be approved by the City Council upon recommendation of the Planning Commission. Major changes require submittal of a modification to the original conditional use permit (CUP), including a conditional use permit application, fee as determined by City Council resolution, narrative and plans detailing the requested changes.
(Ord. 12-95)