Provisions are made in this and the following Sections for the adoption by ordinance of more specific plans for the regulation of buildings, structures and the uses of land, in certain areas designated in this Chapter as Planned Unit Developments. When adopted by the City Council in conformance to the procedures and subject to the limitations set forth in this Chapter, the zoning regulations governing the area included in a Planned Unit Development shall be those contained directly or by reference in the ordinance adopting the same, in lieu of differing regulations imposed by this Title.

The purpose of these provisions is to provide an opportunity for developments that are unique, alternative and superior to those that can be accomplished through the rigid standards yet remain consistent with the goals and objectives of the General Plan and further those goals and objectives beyond that in the inflexible zone districts. It is intended to be applied only to areas which are sufficiently large to allow for overall planning and design in detail so as to secure to the community, the future occupants and the developer, values and amenities greater than those likely to be achieved by the relatively inflexible provisions necessary to regulate the successive development of individual lots by numerous different owners. All development within a Planned Unit Development (PUD) zoning district shall be designed and constructed pursuant to the standards and guidelines of the applicable PUD document, unless the PUD is silent on a standard then the Municipal Code standard or guideline shall supersede. (Note: When no Planned Unit Development (PUD) entitlement has been approved for a property that is designated or pre-zoned as PUD, it is intended to encourage groupings of these parcels, that are located between General Plan Circulation Element roadways larger than local streets, to develop as one master planned community where landowners work together to develop and adopt one PUD entitlement that shares open space, amenities, and driveway access. Many of these parcels are currently subdivided into long and narrow parcels which are undevelopable as single parcels under current development standards. The goal is to have a project cover multiple parcels, whether single ownership or not, and be designed as one project. In the event cooperation is not achieved amongst landowners within a PUD grouping of parcels, a single landowner proposing a development would need to, at a minimum, submit a master development plan that illustrates how the surrounding PUD properties could develop in an orderly manner.)

(Ord. No. 2359, § 2, 12-20-16)

The design of single family residential developments shall result in a carefully planned comprehensive community with a number and variety of amenities that clearly separates itself from a normal housing subdivision. Planned Unit Developments (PUD) shall provide sufficient open space areas for the active use of recreational activities by residents and guests of single-family PUD lot developments that contain lot sizes less than 7,200 square feet, along with multiple-family developments and the residential portion of mixed-use development projects. In this regard, active open space elements shall be of sufficient size and location, and easily accessible to each dwelling unit. The following open space areas shall contribute to the open space requirements for single-family projects, multiple-family projects and the residential portion of mixed-use development projects:

(a)

Minimum Common Open Space Requirements.

(1)

Common Open Space for Single-Family Developments—Common open space for passive and active recreational purposes shall be provided pursuant to Table 16-1 (Minimum Common Open Space Area) and shall include common recreation amenities and facilities provided pursuant to sections (b) and (c) of this Section.

Table 16-1 (Minimum Common Open Space Area)

(2)

When warranted, school sites are encouraged within Planned Unit Developments. A maximum of 25% of a school's site acreage may count toward the minimum common open space requirements of this Section. However, recreational facilities contained within a school site shall not count toward the required recreational facilities provided within sections (b) and (c) of this Section, unless a joint use agreement between the City and School District is executed allowing for use by residents.

(3)

Common Open Space for Multiple-Family and Mixed-Use Development Projects—Projects involving more than one dwelling unit on a parcel of land should use the multiple-family standards and guidelines prescribed within Article 8 of this Chapter, entitled Residential Districts, as a benchmark in creating minimum open space standards for a Specific Plan.

(b)

Active Common Open Space Area.

(1)

Active common open space containing recreation facilities shall be provided pursuant to Table 16-2 (Minimum Requirements for Common Recreation Amenities). For the purpose of this provision, required recreation facilities shall be categorized as follows:

(i)

Major Recreation Facilities—A major recreation facility is intended to be a significant recreation node or focal point for residents, and include recreation buildings, swimming pools, water-play fountains, tennis courts, amphitheaters, large sports fields and other major amenities requiring significant investment and appropriate to serve project residents, as determined by the City.

(ii)

Minor Recreation Facilities—A minor recreation facility is intended to augment the variety and availability of recreation facilities, and include children's play areas (tot lots), spas or saunas, picnic and barbecue areas, basketball courts, picnic and barbecue areas, volleyball courts, community gardens, and other similar amenities requiring a less significant investment and appropriate to serve project residents, as determined by the City.

Table 16-2 (Minimum Requirements for Common Recreation Amenities)

*(Note: Two minor recreation facilities may be provided in place of one major recreation facility.)

(2)

Active open space areas shall have a minimum contiguous area of 300 square feet, with no horizontal dimension less than 15 feet, and no clear vertical dimension less than 8 feet.

(3)

All active open space areas shall be planted with permanent landscaping or be devoted to recreational facilities, such as swimming pools, tennis courts, tot lots, patios, or similar open space and recreational facilities.

(4)

Active open space areas and amenities are to be permanently kept and maintained in an orderly manner.

(c)

Passive Common Open Space Area.

(1)

Passive open space areas shall have a minimum dimension of 5 feet; however, not more than 50 percent of the passive areas having a dimension less than 10 feet may be counted toward the minimum open space requirements of this Section.

(2)

Passive open space areas shall incorporate features that enhance the appearance and desirability of a development project, such as pathways, entry features, enhanced plantings, waterscape, rockscape, benches, gazebos, raised planters and other unique features.

(Ord. No. 2359, § 2, 12-20-16)

The procedure set forth in this Chapter for the adoption of a Planned Unit Development shall not apply to any site having a gross area of less than ten acres, being either in one ownership, or the subject of a joint application filed by all the owners or agents of property therein. The procedure shall not be used unless the proposed development is properly related to the City of Victorville General Plan and Master Plan for parks and facilities for the subject areas.

An application for a Planned Unit Development shall be filed with the Development Department on the prescribed application form and shall be accompanied by the following:

(a)

A completed Environmental Information Form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project;

(b)

The concurrent submission of a Site Plan application as described in Article 1 of this Chapter, which includes materials such as maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately;

(c)

Written description of proposed development standards and permissible uses;

(d)

The concurrent submission of a tentative subdivision map in compliance with this Code;

(e)

Required fee(s).

The Planning Commission shall make its recommendation for approval or denial, and for any increase in the allowable density of the superseded district if applicable, based on the project providing a superior level of development which could not otherwise have been achieved through the strict application of the base zoning district standards it is replacing. The Commission may expand on the following findings as supporting evidence and/or apply findings as applicable in conjunction with proposals that include commercial, industrial, or zoning only components:

(a)

That the location, design and proposed uses are compatible with existing development in the vicinity;

(b)

That the total acreage needed for vehicular circulation has been reduced through the efficient design of the site;

(c)

That the proposed development will be well integrated into its setting without excessive earth moving or grading or the destruction of desirable natural features;

(d)

That provision is made for both public and private open spaces, exceeding that required by the superseded district regulations;

(e)

That suitable provision is made, where appropriate, for schools, parks and playgrounds and for the protection and maintenance of private areas reserved for common use;

(f)

That the proposed development provides a general excellence in the design as a whole, including among other criteria the provision of design standards and amenities discussed in the Section 16-3.16.025;

(g)

That the proposed development is consistent with and furthers the goals and policies of the City's adopted General Plan.

(Ord. No. 2359, § 2, 12-20-16)

When considering Planned Unit Developments, the Planning Commission shall act only to make a recommendation to the City Council. After the conclusion of the hearing on a proposed Planned Unit Development, the Planning Commission shall submit all information regarding said development, including minutes of the Planning Commission meeting to the City Council for consideration.

Upon receipt of the recommendation of the Planning Commission on a proposed Planned Unit Development, the Council shall set the matter for a public hearing after notice thereof is given as required by law. After the conclusion of the hearing, the Council may approve, modify or disapprove the recommendation of the Planning Commission; provided that any modification of the proposed amendment by the Council shall first be referred to the Planning Commission for report and recommendation but the Planning Commission shall not be required to hold the public hearing thereon. Failure of the Planning Commission to report within forty days after the reference, or such longer periods as may be designated by the Council, shall be deemed to be approval of the proposed modification. The adoption of the Planned Unit Development constitutes a zone reclassification of the subject property pursuant to this Section.

Prior to the issuance of any building permit, all plans submitted shall conform to the site plan application approved with the Planned Unit Development approval. Any changes to the approved site plan will require approval of a modification or the submittal of a new site plan. In addition any necessary subdivisions shall be recorded or in the final map process prior to issuance of a building permit.

After adoption of a planned unit development, amendments to the development standards, site plan and/or tract design, shall be made pursuant to Article 1 of Chapter 2, entitled Amendments, and/or Article 1 of Chapter 3, entitled Site Plan Review, as applicable. All amendment proposals are subject to the standards within this Article and shall be amended to fully comply with this Article.

(Ord. No. 2359, § 2, 12-20-16)