Union City City Zoning Code
CHAPTER 18
44 PLANNED UNIT DEVELOPMENT PUD
§ 18.44.010 Purpose.
In certain instances the purposes of the zoning title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by this title. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which complement each other and harmonize with existing and proposed land uses in the vicinity. In order to provide locations for well-planned developments which conform with the purposes of the zoning title although they deviate in certain respects from the zoning map and the district regulations, the Planning Commission is empowered to grant permits for planned unit developments, subject to review and approval by the City Council, provided the developments comply with the regulations prescribed in this chapter.
(Ord. 55-64 § 9.0, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006)
§ 18.44.020 Location-Permit required.
A.
A planned unit development may be located in any R district or the 511 Area district upon the granting of a permit in accordance with the provisions of this chapter.
B.
A permit may also be granted for a planned unit development in the CC, Community Commercial and CS, Specialty Commercial districts for mixed-use (residential and commercial) uses, within the Old Alvarado area (boundaries of which are defined in the Old Alvarado Design guidelines) and along the Mission Boulevard corridor (between Decoto Road and the Hayward City limits), when located above ground floor commercial uses.
C.
A permit may also be granted for an industrial planned unit development in an industrial zoning district, including condominium conversion of existing buildings and new industrial condominium projects.
D.
A permit may also be granted for a planned unit development creating individual parcels for ownership purposes for attached multifamily dwellings in a multifamily subdivision.
(Ord. 55-64 § 9.1, 1964; Ord. 55.286-87 § 2 Exh. A § 2, 1987; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 837-17 § 4, 2017)
§ 18.44.030 Permitted uses.
A planned unit development shall include only uses permitted either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located.
(Ord. 55-64 § 9.2, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006)
§ 18.44.040 Site area.
The minimum site area for a planned unit development shall be one acre, except that-planned unity developments for mixed-use (residential and commercial) projects located in the CC, Community Commercial and CS, Specialty Commercial districts within Old Alvarado and the Mission Boulevard neighborhoods and industrial planned unit development projects shall be allowed when minimum site area standards for the district in which the planned unity development is located are met.
(Ord. 55-64 § 9.3, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 712-08 § 2, 2008)
§ 18.44.050 Standards.
A.
Standards of site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, off-street parking and off-street loading facilities and landscape areas shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the district in which the planned unit development is located.
B.
The average population density per net acre in that portion of a planned unit devoted to residential use shall not exceed the maximum population density prescribed by the site area regulations or the site area per dwelling unit regulations for the district in which the planned unit development is located, subject to the exception that the average population density per net acre may exceed the maximum population density prescribed for the district by not more than 10% in a planned unit development on a site of 20 acres or more.
C.
The average population density for a planned unit, mixed-use (residential and commercial) development located in the CC, Community Commercial and CS, Specialty Commercial districts within Old Alvarado and the Mission Boulevard neighborhoods shall be based on the maximum density allowed by the RM 1500 district standard.
D.
In calculating population density per net acre, all streets shall be excluded.
E.
Standards prescribed by the regulations for the district in which a multifamily subdivision is located shall be applied on a project-wide basis and not to individual parcels created for ownership purposes.
(Ord. 55-64 § 9.4, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 837-17 § 4, 2017)
§ 18.44.060 Permit procedure.
The regulations prescribed in Chapter 18.52 shall control the procedure for making application for a permit for a planned unit development, the public hearing, the investigation and report, the action by the Planning Commission, the appeal to the City Council or the review by the City Council, the action of the Council, and the expiration or revocation of a permit, and shall control new applications and permits to run with the land, subject to the following exceptions:
A.
In lieu of the drawing of the site prescribed in Section 18.56.030, the application shall be accompanied by a development plan of the entire planned unit development, drawn to scale and showing provisions for drainage of surface waters; watercourses; railroad and public utility rights-of-way; streets; driveways; pedestrian walks; off-street parking and off-street loading facilities; reservations for public uses, including parks, playgrounds and other open spaces; private uses, including dwelling types, lot layout; locations and heights of structures; and landscaped areas.
B.
In addition to the data and drawings prescribed in Chapter 18.52, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.
C.
The Planning Commission may grant a permit for a planned unit development as the permit was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes the following findings:
1.
That the proposed location of the planned unit development is in accord with the objectives of the zoning title and the purposes of the district in which the site is located;
2.
That the proposed location of the 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;
3.
That the standards of population density, site acres and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of the zoning title;
4.
That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities;
5.
That the combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
D.
If the City Council reverses a decision of the Planning Commission denying a permit for a planned unit development or modifies a decision of the Planning Commission granting a permit for a planned unit development, the findings of the City Council shall be as set forth in subsection (C) of this section.
(Ord. 55-64 § 9.5, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006)