Rio Vista City Zoning Code
CHAPTER 17
58 OVERLAY DISTRICTS AND PLANNED UNIT DEVELOPMENTS
§ 17.58.010 Purpose.
Overlay zoning districts provide a mechanism to address unique or special characteristics of a specific area or site and can either limit or expand the uses allowed in the underlying zoning district. Overlay districts apply to areas where site, environmental, cultural, and other compatibility issues may require particular sensitivity in project planning. An example of an overlay zoning district represented on the city zoning map is the planned unit development overlay. Uses other than those allowed in the underlying zoning district may be allowed in an overlay zoning district without eliminating the underlying zoning district, but any alternative uses or additional or different standards must generally be compatible with those of the base zoning district. Where an overlay district is desired for an area not currently identified on the zoning map, an interested person(s) must apply for a zoning amendment to establish the overlay zone.
Where a special design proposal for a development makes it desirable to apply regulations more flexible than those contained elsewhere in this title, a planned unit development (P.U.D.) permit may be granted for developments in locations within the planned unit development overlay district areas designated on the zoning map, pursuant to this chapter. The purpose of such permit is to grant diversification in the location of structures and other site qualities while ensuring adequate standards relating to public health, safety, welfare, and convenience in the use and occupancy of buildings and facilities in planned building groups.
(Prior code Appendix B § 531(A); Ord. 647 § 2, 2010)
§ 17.58.015 Permit required.
A permit is required for an overlay district, including a P.U.D. Such permits, and overlay district, are intended to address development under the following circumstances:
A.
Properties with unique, challenging, or valuable topographic or environmental features;
B.
Infill properties that are oddly-shaped, narrow, or otherwise difficult to design using normal development standards and within the existing zoning code framework;
C.
Site plans or building designs that are clearly responsive to the objectives of this zoning code, but which require variations from the normal development standards in order to achieve a useful innovation or a higher level of design quality than would otherwise be possible;
D.
Development that includes affordable housing, where departures from normal development standards are used to reduce development costs while maintaining design quality. A permit shall not be sought or granted solely for the purpose of maximizing development potential.
(Ord. 647 § 2, 2010)
§ 17.58.020 Conditions.
In any district the planning commission may grant for a P.U.D. exceptions to district regulations as to use, building height or bulk, yards and open areas, or other provisions of this title when the following conditions are found:
A.
The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included.
B.
The proposed development must be designed to produce an environment of stable and desirable character, and must provide overall standards of population densities and building intensities, of open space, of circulation, and of off-street parking in conformance with the master plan of the city and at least equivalent to those required by the terms of this title for the zoning district in which the development is to be located.
C.
The proposed development must show creativity, and where possible, innovation, in site planning as well as architectural, engineering and landscaping design.
(Prior code Appendix B § 531(B); Ord. 647 § 2, 2010)
§ 17.58.030 Permitted uses and trade-offs.
A.
A P.U.D. may include a combination of different types of housing units and densities, including, but not limited to, apartments and other multifamily units, as well as townhomes, condominiums, and singlefamily residences of varying sizes. The clustering of housing mixture should be set in a contiguous system of public and private open spaces. The locations of open spaces should also be determined by natural characteristics like sloughs, waterfront view and similar features. The layout should exhibit variations in such matters as lot size, lot width and street design. The development should be harmonized with the proposed and existing land uses in the surrounding area and be consistent with the Rio Vista general plan.
B.
Trade-Off. A P.U.D. may also include the following:
1.
The incorporation of common open space and improvements beyond those normally required for separation of buildings and that serve the recreational and open space needs of the residents, may involve the dedication of, or in lieu payments for, public land;
2.
The improvements to, dedication of, or in lieu payments for, public land other than parks;
3.
An improvement to the housing supply for low-income families;
4.
Improvements, or in lieu payments, for improvements to public parkland;
5.
Land for public uses other than parks, such as fire station sites, libraries, schools, streets, easements, and similar public uses.
The above-mentioned design principles cannot be met by the conventional type of subdivisions. For the superior design qualities a trade-off is permissible between the developer and the city. Population density and/or building intensity may be increased if the character of the development and/or amenities, including but not limited to inclusion of deed-restricted affordable housing, incorporated in the development warrant such increases. |
(Prior code Appendix B § 531(C); Ord. 647 § 2, 2010)
§ 17.58.050 Examples for density incentives.
A.
Common open space and improvements beyond that normally required for separation of buildings and which serves the recreational and open space needs of the residents;
B.
The dedication or in lieu payments for public land;
C.
Improving the housing supply for low-income families;
D.
Improvements, or in lieu payments for such improvements, to public parkland;
E.
Land for public uses other than parks, such as fire station sites, libraries, schools, streets, etc.;
F.
Improvements, or in lieu payments, to public land other than parks. (prior code Appendix B § 531(E); editorially amended during 2004 codification)
§ 17.58.060 Evaluation of development plan.
After preplanning conferences between the developer and the city representatives for the mutual understanding of magnitude and extent of proposed development, development concepts, staging of development, financial and managerial capacity to carry out the project and other items, the schematic development plan should be evaluated with the following criteria also included, whether:
A.
The proposed location and design of the proposed planned unit development, and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
B.
The standards of population density, building intensity, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off-street loading facilities, street design, landscaped areas, and other facilities and utilities will produce an environment consistent with the purpose of this chapter and shall be of consistently high quality in order to avoid an institutional appearance, especially for multifamily, zero-lot-line, or condominium developments. Where increased densities are proposed, architectural and site design shall provide for amenities intended to promote stable or improved property values;
C.
The proposed P.U.D. will comply with all applicable provisions of all existing development regulations of the city.
(Prior code Appendix B § 531(F); Ord. 647 § 2, 2010)
§ 17.58.070 Application.
Application shall be filed with the zoning administrator and shall be accompanied by a total development plan sketch showing the use or uses, dimensions, and locations of proposed structures, of parking spaces, and of area, if any, to be reserved for streets, parking playgrounds, school sites and other open spaces. The applicant shall also submit such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title. Such P.U.D. permit application shall be accompanied by a fee as established by resolution of the city council.
(Prior code Appendix B § 531(G); Ord. 647 § 2, 2010)
§ 17.58.080 Conditions of approval.
In recommending approval of a planned unit development permit, the commission may, in its resolution, state that conditions of approval are necessary to protect the public health, safety and general welfare. These conditions are intended to mitigate the impact of increased densities or modified zoning standards. Such conditions may include, but are not limited to, also requirements for:
A.
Special yards, spaces and buffers;
B.
Fences and walls;
C.
Street dedications and improvements;
D.
Trails and bikeways;
E.
The regulation of points of vehicular ingress and egress;
F.
The dedication of access rights;
G.
The provision of pedestrian underpass or overpass structures crossing the right-of-way of a major arterial street, or other safety measures;
H.
The regulation of signs;
I.
Landscaping of grounds and maintenance thereof;
J.
The regulation of noise, vibration, odors, and other similar characteristics;
K.
Submission of detailed site plans, architectural plans and specifications, and plans for the construction of public improvements;
L.
Reservation of school sites; dedication of elementary school sites when the development is sufficiently large to warrant such dedication;
M.
Reservation of recreation-park sites, dedication of neighborhood recreation-park sites when development is sufficiently large to warrant dedication;
N.
The regulation of phasing for certain activities to be conducted on the site;
O.
The regulation of phasing when development shall occur;
P.
A bond, or letter of credit for the completion of public facilities and improvements to assure faithful performance by the applicant;
Q.
Such other conditions as the commission sees fit to ensure desirable growth and development within the manner prescribed in this chapter, that are reasonably related to impacts associated with the project, and are not otherwise provided for in a development agreement, public facility development impact fees, the city's capital improvement plan, or otherwise.
(Prior code Appendix B § 531(H); Ord. 647 § 2, 2010)
§ 17.58.090 Approval.
A.
Plans. Planned unit development plans for large areas shall be prepared and endorsed by a qualified professional team, which shall include a professional planner, architect, civil engineer, and a landscape architect, and shall be concerned with, but not necessarily limited to, the following:
1.
Site plan, showing building(s), various functional use areas, circulation, and their relationships;
2.
Preliminary building plans, including floor plans and exterior elevations;
3.
Landscaping plans;
4.
Engineering plans, including site grading, street improvements, drainage, and public utility extensions, as necessary;
5.
Information necessary for evaluation and assignment of fire zone designations, including proposed use and occupancy, type of construction, building height and area of each building or structure, and proposed distances between buildings and structures and distances to property lines. Minor changes to an approved planned unit development pertaining to siting may be approved by the planning commission, provided the change is in accord with the intent expressed in the general development plan.
B.
Public Notice. At least 10 days prior to the granting of any planned unit development permit, notice of the proposed planned unit development shall be posted on the property involved.
C.
Public Hearings. The planning commission shall hold at least two public hearings before recommending approval of any proposed planned unit development to the city council.
D.
The planning commission may, at its discretion, choose to recommend the adoption of architectural and landscape design standards developed for a planned unit development permit as regulations pertinent to an existing planned unit overlay district. This section does not supersede requirements set forth in Section 17.58.110, Revocation, described herein.
(Prior code Appendix B § 531(I); Ord. 647 § 2, 2010)
§ 17.58.100 Action.
A.
The planning commission shall act upon an application for a P.U.D. permit in compliance with all applicable time limits set forth by state law and shall either recommend to the city council that the development be approved as submitted, recommend modifications, alterations, adjustments, amendments or conditions for approval of the plan, have no recommendation, or recommend denial.
If the planning commission recommends approval, the planning commission shall recommend a time limit within which the development must take place and such additional conditions as are in the opinion of the commission necessary to assure completion of the development and the objectives of this chapter, such as:
1.
That each individual unit of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective R-1 will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
2.
That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P.U.D. area;
3.
That any proposed commercial development can be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed;
4.
That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the general development plan, in accord with adopted policy of the planning commission and the city council;
5.
That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
6.
That the P.U.D. district is in conformance with the general plan of the city or the city's sphere of influence;
7.
That existing or proposed utility services are adequate for the population densities proposed.
B.
The city council shall, upon receipt of the recommendation of the planning commission, approve or deny the permit or may suggest modifications of the recommendations of the planning commission and return it to the planning commission for further study. The planning commission shall review the suggestions of the city council and report on their findings within 30 days.
C.
The development, if and when approved, shall be subject to all the conditions imposed by its approval and shall be excepted from other provisions of this title only to the extent specified in the authorization.
(Prior code Appendix B § 531(J); Ord. 647 § 2, 2010)
§ 17.58.110 Revocation.
In any case where a granted planned unit development permit has not been exercised within one year after the granting thereof, or as specified by the conditions of approval, then without further action by the planning commission, the permit shall be null and void. However, if the city council adopted architectural elevation and/or landscape design standards for the overlay district, such standards may be retained. Such retention of standards does not mean that the applicant shall retain any rights to density bonuses or other entitlements received.
(Prior code Appendix B § 531(K); Ord. 647 § 2, 2010)
§ 17.58.120 Amendments-Major and minor.
Application for an amendment to a planned unit development permit shall be subject to requirements of Section 17.58.020 and the following:
A.
Major Amendment. For the purposes of this section, a "major amendment" is defined as any modification, alteration or change in use or scope from the originally approved planned unit development that results in, but not limited to, an increase in traffic generation, an increase in project density or intensity, an increase in project coverage, an increase in the required number of parking spaces, or any substantial reduction of other conditions listed therein the approved PUD.
B.
Minor Amendment. A "minor amendment" is defined as any modification, alteration or change that would not result in changes of use or scope, including a decrease of density or intensity.
C.
Procedure.
1.
A major amendment may be filed with the department of community development pending receipt of completed application and submittal of fee. The procedures followed shall be the same as required of the original application.
2.
A minor amendment may be approved by the director of community development following the submission of a completed application to amend and a deposit as indicated in the fee schedule established by resolution of the city council.
(Prior code Appendix B § 531(L); Ord. 589 § 2, 2002; Ord. 647 § 2, 2010)