A.

Planned unit developments, involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this title.

B.

In certain instances, the objectives of this 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 zone plan 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 are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design.

C.

In order to provide locations for such wellplanned developments, the Planning Commission is empowered to grant conditional use permits for planned unit developments, subject to review by the City Council, provided that such dev elopments comply with the regulations prescribed in this chapter.

(Ord. 775 (part), 2004).

A planned unit development may be located in any district upon the granting of a conditional use permit in accordance with the provisions of this chapter.

(Ord. 775 (part), 2004).

Permitted uses in a planned unit development are as follows:

A.

Those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located; or:

B.

Any use permitted in an R or C district as permitted use or a conditional use, or any combination of such uses may be included in a planned unit development located either in an R or C district; or

C.

Any use permitted in any C or M-1 district, as a permitted use or conditional use, or any combination of such uses may be located in a planned unit development located in either a C or M-1 district.

(Ord. 775 (part), 2004).

The minimum site area for a planned unit development shall be five (5) acres.

(Ord. 775 (part), 2004).

A.

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the planned unit development is located if the applicant has demonstrated, by his design proposal, that the objectives of this title and the objectives of this chapter will be achieved.

B.

The average density per net acre may not exceed the maximum housing density prescribed for the site by the zone district in which the planned unit development is to be located unless the applicant can demonstrate, by his design proposal and such additional evidence as may be submitted, that the objectives of this chapter will be achieved. However in no instance shall the maximum density permitted by the applicable General Plan designation be exceeded. Since planned unit developments may also involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve the desired goals.

(Ord. 775 (part), 2004).

No use shall be permitted which is found by the Planning Commission to be reasonably objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illuminations, glare, unsightliness, vehicle traffic, or to involve any hazard of fire or explosion.

(Ord. 775 (part), 2004).

The regulations prescribed in Chapter 16.44 shall control the procedure for making application for and processing of a conditional use permit for a planned unit development, subject to the following exceptions:

A.

The application shall be accompanied by a development plan of the entire planned unit development, drawn to scale and showing the contours of the site in intervals of not more than five (5) feet and provisions for: draining of surface waters; watercourses; railroad and public utility rights-of-way; streets; driveways and pedestrian walks; offstreet parking and loading facilities; reservations and dedications for public uses; private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

B.

In addition to the data prescribed in Chapter 16.44 and paragraph A of this section, 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.

When a planned unit development involves proposals which necessitate the filing of a tentative subdivision map and/or which would also necessitate the granting of exceptions of the regulations of the subdivision ordinance, the Planning Commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of paragraphs A and B of this section may be waived temporarily, provided the applicant submits the following:

1.

In lieu of the drawing of the site prescribed in paragraph A of this section, the application shall be accompanied by a schematic drawing, drawn to a minimum scale of one inch equals one hundred (100) feet, showing the general relationships contemplated among all public and private uses and existing and proposed physical features,

2.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, nonresidential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per acre and per gross acre contemplated by the applicant.

3.

Upon approval of the tentative subdivision map in accordance with the procedures prescribed by Title 15, the applicant shall submit a detailed development plan in accordance with the requirements of paragraphs A and B of this section before the Planning Commission may grant a final approval of the applicant's proposal.

D.

The Planning Commission may grant a conditional use permit for a planned unit development as the use 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 accordance with the objectives of this title;

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 proposed planned unit development will comply with each of the applicable provisions of this chapter;

4.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distance between structures, 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 this title;

5.

That the standards of population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures and offstreet 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;

6.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity;

7.

That the proposed planned development is consistent with the General Plan.

E.

The Planning Commission may also deny an application for a conditional use permit for a planned unit development, noting in the record the findings supporting such denial.

F.

At the first regular City Council meeting held more than ten (10) days after a decision on a conditional use permit application by the Planning Commission, the City Council shall review the decision. The City Council may affirm, reverse or modify a decision of the Planning Commission on an application for a use permit for a planned unit development, provided that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the City Council shall, on the basis of the record transmitted by the Planning Commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit for a planned unit development prescribed in paragraph D of this section.

(Ord. 775 (part), 2004).