Petaluma City Zoning Code
19 Planned
Unit District and Planned Community District
19.010 Purpose.
The P.U.D., Planned Unit District, is designed to allow inclusion within its boundaries a mixture of uses, or unusual density, building intensity, or design characteristics which would not normally be permitted in a single use district, and to govern the development of residential projects subject to the Residential Development Control System, Chapter 17.26 of the Petaluma Municipal Code. Development in this zone is allowable only after the approval by the City Council of a complete Unit Development Plan showing the internal design of the District, the interrelationship of uses, and their relation to the surrounding area.
The P.C.D., Planned Community District, was originally designed to allow non-residential development with a mixture of uses, or unusual building density or layout, or with design characteristics which would not normally be permitted in a single commercial or industrial zoning district and which would achieve unique and innovative community design superior to that which would otherwise be allowed by applicable standards, as well as to provide long range planning for large tracts of land at the developing fringe of the City’s urban area. Development was allowed in accordance with adopted regulations applicable to each individual P.C.D. The creation of new P.C.D.s is no longer adopted regulations applicable to each individual P.C.D. The creation of new P.C.D.s is no longer permitted but the historic use and continued growth and evolution of P.C.D.s, existing as of May 19, 2008, is supported by these regulations.
19.020 Establishment of a P.U.D. District.
A Planned Unit District may be established or removed from the Zoning Map in accordance with the provisions set forth herein. No minimum site area is established for a P.U.D. District provided that the findings set forth in Section 19.030 can be made for each case.
A. Permitted Land Uses. Any and all compatible land uses are permitted in a P.U.D. District provided such use or uses have been shown on the Unit Development Plan for the District and approved pursuant to this chapter. All residential P.U.D.'s shall permit small family day care facilities.
B. Unit Development Plan. An application for the creation of a P.U.D. District shall be filed with the Planning Commission in a form prescribed by the City and shall be accompanied by a Unit Development Plan as specified herein. The Unit Development Plan shall consist of as many of the following as are appropriate to the size and nature of the proposed P.U.D. and shall in any case provide all data required by the Planning Commission in order to be able to arrive at the findings set forth in Section 19.030:
1. A map showing the street system and lot design, if any, proposed within the district. Areas proposed to be dedicated or reserved for interior circulation, parks, school sites, public buildings, and other such uses must be shown.
2. Existing Conditions and Topography Map. A map showing the topography of the proposed P.U.D. District, with existing and proposed contour intervals sufficient to meet all the requirements of the City. Existing trees, drainage courses, and other significant topographical features shall be shown. Adjacent property lines and improvements on adjacent properties within 75 feet of the boundary of the subject site shall be reflected on the plan.
3. Land Use Plan. A land use plan for the proposed district, precisely indicating the area or areas to be used for each particular land use.
4. Site Plan. A professionally prepared site plan for each building site, or sites, in the proposed P.U.D. District. Said site plan shall be drawn to scale and shall show the location of all proposed buildings, including notation of minimum distances between buildings, and between buildings and building site and/or use boundaries.
5. Parking and Loading Plan. An off-street parking and loading plan showing the ratio between off-street parking and loading spaces and building floor areas and/or the ratio of parking spaces to anticipated residents and employees, or other criterion required by the Commission. Such plan shall be supported by data demonstrating the adequacy of the parking for the demand generated by the use to which it pertains.
6. Circulation Plan. A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the P.U.D. District, and to and from any adjacent public thoroughfares. Any special engineering features and traffic regulating devices needed to facilitate or insure the safety and efficiency of the circulation pattern shall be shown.
7. Landscaping Plan. A professionally prepared landscape and tree planting plan.
8. Elevations. Professionally prepared elevations and/or perspective drawings of all major proposed structures. Such drawings need not be the result of final architectural plans but must be in adequate detail to enable the Commission to determine, within reasonable limits, the height, bulk, materials, and arrangement of the proposed buildings and their general appearance.
9. Development Standards. Development Standards for the project shall be professionally prepared and submitted with the application package. The standards shall include, but not be limited to, information regarding parking, setbacks, building heights, lot coverage, grading, landscaping, and other issues appropriate to the district.
C. Graphic Information. As deemed appropriate by the Director to illustrate or highlight the overall project or a specific aspect thereof, special graphic information may be required such as project models, video simulation, photomontages, perspectives, renderings, etc.
D. Interior Streets. Interior streets of a project shall be improved in accordance with City subdivision street standards. The applicant may request some interior streets to be private; however, any modifications of City street standards for interior private streets must be noted on the plan and be acceptable to the Planning Commission. All improvements of public and private streets shall be certified as meeting standards as noted on the plan as prepared by a registered civil engineer prior to final inspection and occupancy.
E. Covenants, Conditions and Restrictions. If the project proponent intends to utilize formal covenants, conditions and restrictions and/or create an association of property owners in the planned unit development; covenants, conditions and restrictions (CC&R's) and a sample copy of the article of incorporation of the association shall be submitted as part of the application materials. These are subject to review and approval by the City. Covenants, conditions and restrictions or articles of incorporation of an association shall be recorded prior to the sale of any lot or prior to the issuance of a Certificate of Occupancy for any building within the P.U.D.
F. Development Plan and Phasing Schedule. An application for a P.U.D. zone shall be accompanied by a development schedule and phasing plan indicating the elapsed time and date on which construction is to begin, the anticipated rate of development, and the anticipated date of completion. The development schedule, upon the recommendation of the Planning Commission, and when approved by the City Council, shall become a part of the Unit Development Plan and shall be adhered to by the owner of the property in the P.U.D. District and any successors in interest.
G. Application Fee. Before an application for the creation of a P.U.D. District may be accepted for filing, the applicant shall pay a filing fee as established by resolution of the City Council from time to time hereinafter enacted.
19.030 Findings.
The Unit Development Plan, or modification of a P.C.D. General Development Plan, as defined herein, may be approved by the City Council upon recommendation of the Planning Commission. In recommending the approval, or modification, of said Plan, the Commission must find that said Plan, or modification thereof, clearly results in a more desirable use of land and a better physical environment than would be possible under any single zoning district or combination of zoning districts, and in addition to such general finds, the Planning Commission and City Council shall make the following specific findings:
A. That any P.U.D., or modification of a P.C.D., is proposed on property which has a suitable relationship to one (1) or more thoroughfares, and that said thoroughfares are adequate to carry any additional traffic generated by the development.
B. That the plan, or modification thereof, for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility.
C. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan or General Development Plan.
D. That the development of the subject property, in the manner proposed by the applicant, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma, with the Petaluma General Plan, and with any applicable plans adopted by the City.
19.040 P.U.D. and P.C.D. Procedures.
A P.U.D., as set forth in this Chapter, may be established and a P.C.D. may be modified, as follows and in compliance with Chapter 25. If any conflict exists between this Chapter and Chapter 25, this Chapter shall prevail.
A. Planning Commission Action. Following a public hearing, and upon making the required findings, the Planning Commission shall make a recommendation to the City Council for approval or modified approval of a proposed P.U.D. District and/or P.C.D. amendment, and shall recommend that the City Council approve the Unit Development Plan or General Development Plan as submitted or as modified. Such recommendation and a copy of the recommended Unit Development Plan or General Development Plan shall be forwarded to the City Council for its consideration.
If unable to make the required findings, the Planning Commission shall deny both the rezoning and the Unit Development Plan and no further action shall be taken thereon, except upon timely appeal.
B. City Council Action. Following its hearing, the City Council may adopt an amendment to the Zoning Ordinance establishing a P.U.D. or modifying a P.C.D., may deny the proposed amendment, or may adopt the proposed amendment with modifications.
C. Adoption of P.U.D. or P.C.D. Amendment. At the time of adoption of a P.U.D. District or P.C.D. amendment, the City Council shall approve, by resolution, the Unit Development Plan or General Development Plan amendment; which resolution as adopted or as may be thereafter modified, in accordance with this section, shall establish the regulations for said P.U.D. or P.C.D. and shall become part thereof. Upon the adoption of a P.U.D. or P.C.D. amendment, and approval of the Unit Development Plan or General Development Plan amendment, the proposals and standards of said plan shall become the official development policy of the City of Petaluma within the boundaries of the P.U.D. or P.C.D.
D. Development in a Planned Unit District or Planned Community District. Following the adoption of the P.U.D. or P.C.D. amendment and the approval of the Unit Development Plan or General Development Plan, all development within the District shall be in conformity with the said adopted Unit Development Plan or such modifications thereto as may have been approved.
E. Modifications of the P.U.D. Unit Development Plan or P.C.D. General Development Plan. From time to time, it may be necessary and desirable to modify the approved Unit Development Plan or General Development Plan. Modifications of such plans may be initiated by the City Council, the Planning Commission, or by the property owner, his authorized agent or developer.
1. Requests for Modifications. Requests for modifications shall be submitted to the Community Development Director in written form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification.
2. Public Hearing. If the proposed modification involves an addition of a new use or group of uses not shown on the original Unit Development Plan or General Development Plan, or if the Community Development Director for any other reason deems it necessary, a public hearing shall be held on the proposed modification, and a recommendation made thereon to the City Council.
3. City Council Resolution Required. Modification of an approved Unit Development Plan or General Development Plan shall be made only by resolution of the City Council. After receipt of a recommendation from the Planning Commission, the City Council shall approve or deny the proposed modification.
4. Minor Modification to Approved Unit Development Plan or General Development Plan. As determined by the Director, modification which is minor in nature and clearly inconsequential may be made administratively or, in the judgment of the Director may be referred to the Planning Commission for review and approval. Minor modification within a P.U.D. includes modification to unit architecture and site design so long as no significant alteration to road alignment is made and no increase in unit yield results. Up to 20% of the individual dwelling units in residential P.U.D.'s may be substituted for other previously approved units if the resulting substitutions do not substantially alter the intent of the P.U.D. as originally approved.
5. Findings. Modification of the P.U.D. Unit Development Plan shall be subject to the same findings as were required for the original approval of the Plan. Modifications to a P.C.D. General Development Plan shall require findings as set forth in Section 19.030, rather than findings required prior to May 19, 2008 as part of the original P.C.D. approval.
19.050 Permits.
19.060 Model Homes.
Upon approval of a P.U.D. District, building permits may be issued for the construction of a model home complex consistent with the approved P.U.D. plan prior to the approval of the Final Subdivision Map.
19.070 Changes in the Unit Development Plan or General Development Plan.
Changes in the Unit Development Plan or General Development Plan shall be considered as changes in the Zoning Map and shall be made in accordance with the provisions of this Chapter and Ordinance.