Chapter 18.15
PLANNED DEVELOPMENT LAND USE (PUD)

Sections:

18.15.010    Intent and purpose.

18.15.015    Applicability and zoning designation.

18.15.020    Rezoning to a planned unit development district.

18.15.025    Permitted land uses.

18.15.030    Review of a planned unit development plan.

18.15.035    Content of a planned unit development plan.

18.15.040    Required findings of fact.

18.15.045    Implementation of a planned unit development plan.

18.15.050    Amendment of a planned unit development plan.

18.15.065    Status of a previously adopted PUD plan.

18.15.010 Intent and purpose.

This district is intended to provide for a variety of land uses, such as attached and detached single-family residential development, multiple-family housing development, professional and administrative areas, commercial and industrial uses, institutional uses, and public and private open space and recreation opportunities through the adoption of a comprehensive development plan as set forth in the city general plan and this chapter.  The intent of establishing the planned unit development district is to:

A.    Implement the plans and policies of the adopted city land use plan, or general plan, and the land use plan map;

B.    Establish regulations and procedures for the preparation, review, and approval of planned unit development plans to guide the orderly development of land within this district;

C.    Establish a procedure for the administration of specific plans and precise plans, prepared in accordance with the state Government Code and consistent with the Half Moon Bay land use plan;

D.    Provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment that can result from requiring that an entire area be planned as a unit and developed under a single plan;

E.    Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding properties, neighborhoods, and the city;

F.    Avoid piecemeal development and provide for the replatting of old subdivisions for development under a comprehensive planning document;

G.    Avoid monotony by allowing greater flexibility in the design and development of land within this district;

H.    To ensure that a minimum of twenty percent of the site area in any planned unit development is provided in public and/or private open space;

I.    Encourage variety and diversification of land uses; and

J.    Provide flexibility required for achievement of coastal access goals, protection of coastal resources, provision of open space and recreation areas, and avoidance of siting structures in hazardous areas.  (1996 zoning code (part)).

18.15.015 Applicability and zoning designation.

A.    The planned unit development district may be applied to areas within the city that are designated for planned development by the city general plan, whether for a planned unit development, specific plan, precise plan or other similar development plan, and to other areas within the city subject to the approval of a planned unit development plan.  The provisions of this chapter shall apply to the preparation, review and adoption of specific plans developed consistent with the city general plan and state Government Code Sections 65450 through 65456.

B.    A PUD district shall be indicated on the zoning map by the designation “PUD.”

C.    The minimum site area for a planned unit development district or planned unit development plan shall be one acre.  (1996 zoning code (part)).

18.15.020 Rezoning to a planned unit development district.

Reclassification of land from any district to the planned unit development district shall be in accordance with the procedures specified herein and in this title.  A rezoning amendment to a planned unit development district may be initiated in one of two ways:

A.    Initiated by Property Owner(s).  An application for a rezoning from any district to the planned unit development district may be filed by a property owner or authorized agent.  As part of an application for a rezoning to the planned unit development district, a planned unit development plan meeting the criteria of this title shall be filed concurrently.  If a site is under multiple ownerships, all owners shall be notified of the filing of the application and the time, place, and date of the public hearing, and a brief description of the proposed planned unit development plan.

B.    Initiated by Planning Commission or City Council.  The planning commission or the city council may initiate a rezoning amendment to reclassify property to the planned unit development district as necessary to implement the goals and policies of the city general plan.  (1996 zoning code (part)).

18.15.025 Permitted land uses.

Only the following uses shall be permitted on any site within a planned unit development district:

A.    Uses Consistent with the General Plan, Adopted Planned Unit Development Plan, Specific Plan or Precise Plan.  Permitted uses, densities, and intensities shall be consistent with those established in the land use plan, general plan or an approved planned unit development plan or specific plan, for the site.

B.    Continuation of Existing Uses.  The continuation of an existing land use prior to the adoption of a planned unit development plan as provided for in this chapter may be incorporated into the overall development plan if the existing use is consistent with the general plan and this chapter, or the existing use shall terminate in accordance with a specific abatement schedule approved as a part of a planned unit development plan for the site.

C.    Interim or Temporary Uses.  Interim or temporary uses and structures when approved by the community development director or the planning commission when consistent with the general plan and will not impact the health, safety, and general welfare of persons working or residing in the vicinity of the proposed temporary use or building, and any other ordinances or policies of the city, subject to the following conditions:

1.    Temporary Uses and Structures Not to Exceed Ninety Days.  The community development director may authorize the temporary use of structures and land in any planned unit development district for a period of time not to exceed ninety days.  Prior to taking action on a request for temporary uses and/or structures, the community development director shall inform the planning commission and any other party requesting such information of the request.  The action of the community development director may be appealed pursuant to the provisions of Section 18.22.200.

2.    Temporary Uses and Structures in Excess of Ninety Days.  The planning commission may authorize the temporary use of structures or land in any planned unit development district for periods of time in excess of ninety days, subject to the review and approval of a use permit in each case.  In approving a use permit for the temporary use of structures or land, the planning commission may impose whatever conditions deemed necessary to assure that the purpose and intent of the general plan and this chapter are carried out.  The use permit shall establish a specific point in time when the temporary use is to be terminated and the site restored.  The planning commission may authorize additional extensions of time for temporary use permits at a duly noticed public hearing.  (Ord. C-2015-04 §1(part), 2015; Ord. C-8-11 §3, 2011; 1996 zoning code (part)).

18.15.030 Review of a planned unit development plan.

Planned unit development plans shall be reviewed in accordance with the process established in this title, including, but not limited to, required plans and materials, public notice, and public hearings, subject to the following additional requirements:

A.    At least thirty days prior to submitting an application for a planned unit development plan, or an amendment to a previously approved and adopted planned unit development plan, the applicant shall consult with the community development director to ensure that any proposal submitted will be consistent with the provisions of this chapter and the general plan, and to begin the early consultation process for any required environmental documentation and conformance with the residential dwelling unit building permit allocation system ordinance.

B.    At such time as the community development director determines that an application meets the requirements of this title in a form acceptable to the community development director, it may be accepted as complete.  (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.15.035 Content of a planned unit development plan.

Applications for planned unit development plans shall be submitted in a format approved by the community development director.

In addition to any other information required by this chapter and any information and materials required for a zoning amendment under this title, any application for adoption of or an amendment to a previously approved planned unit development plan shall, at a minimum, include the following information and materials:

A.    A detailed description of the proposed uses and their densities and intensities;

B.    A map showing the district boundaries and the relationship of the uses and densities and intensities proposed with any existing uses within a three hundred-foot radius of the site;

C.    A map or maps showing all of the following on the site and within a three hundred-foot radius from the boundaries of the proposed planned unit development:

1.    Topographic data at contour intervals of not less than ten feet,

2.    The type, location, and condition of any trees, riparian habitats and vegetation, wetlands, and environmentally sensitive habitat areas,

3.    The nature and extent of any coastal resources such as dunes, or bluffs,

4.    The nature and extent of any known or potential areas of cultural, archaeological, or paleontological significance;

D.    The proposed pattern of land use with the acreage and densities or intensities of each use proposed;

E.    A detailed description of the proposed development standards, including but not limited to proposed minimum site requirements, setbacks, parking requirements, building heights, and any other criteria related to the physical development of the site;

F.    The proposed street and lot pattern;

G.    All on-site and off-site roadway improvements necessary to support the proposed development or to mitigate impacts to the local circulation system;

H.    Typical building elevations;

I.    The location and total acreage of all open space areas to ensure that the minimum of twenty percent of the gross site area is provided in public and/or private open space, and the nature and extent of any developer funded improvements to these areas;

J.    A preliminary landscape plan;

K.    Preliminary grading plans;

L.    An initial study prepared consistent with the California Environmental Quality Act, the state CEQA Guidelines and city policy;

M.    Any improvements necessary to achieve enhanced public access to coastal resources;

N.    A schedule of anticipated development, including the anticipated commencement of construction and occupancy and the timing of any subsequent phases;

O.    A completed subdivision application that meets the requirements of Title 17 where the proposed planned unit development plan includes the subdivision of land;

P.    A description of any proposed management organization, such as a homeowners association, that will be responsible for the perpetual maintenance of any common areas; and

Q.    Any other plans or information determined to be necessary by the community development director.  (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.15.040 Required findings of fact.

The planning commission shall not forward its recommendation, and the city council shall not approve a planned unit development plan unless the following required findings for approval are made and incorporated into the adopted planned unit development plan:

A.    That the planned unit development plan is consistent with the adopted general plan, this chapter, and all other applicable policies and ordinances of the city;

B.    That the planned unit development plan is compatible with surrounding land uses;

C.    That the adoption and implementation of the planned unit development plan will result in superior design and development of the site;

D.    That the planned unit development plan meets the requirements of any annual dwelling unit allocation system adopted by the city;

E.    That adoption and implementation of the planned unit development plan will not exceed the capacity of existing or planned infrastructure systems, including but not limited to sewer, water, natural gas, electricity, police and fire protection;

F.    That, if adequate utilities, infrastructure, and public services are not available to serve all of the proposed development possible under the planned unit development plan, the plan contains phasing controls or requirements for utility improvements that ensure that demands from proposed development does not exceed utility capacity;

G.    That the applicant, or planning commission and city council, have incorporated all appropriate measures and conditions in the planned unit development plan necessary to mitigate any potential adverse impacts identified during the public review process.  (1996 zoning code (part)).

18.15.045 Implementation of a planned unit development plan.

A.    Use Permit Required.  Approval of a use permit is required in conjunction with all planned unit developments to ensure that development is in conformance with the provisions of the adopted plan.  For planned unit developments that will be phased, the planning commission shall review the use permit and planned unit development plan for conformity prior to the issuance of any permits for subsequent phases.  The planning department and public works department shall ensure that all activities within a planned unit development district are undertaken and completed in conformance with the provisions and conditions of the planned unit development plan and use permit.

B.    Effective Date.  A planned unit development plan shall be effective thirty days after final adoption by the city council.

C.    Expiration of the Planned Unit Development Plan.  Unless otherwise approved by the city council, a planned unit development plan shall expire two years after its effective date unless a building permit has been issued, construction diligently pursued, and substantial funds invested.

D.    Renewal or Extension of a Planned Unit Development Plan.  The city council may, upon the recommendation of the planning commission, extend the planned unit development plan a maximum of one year beyond the initial two year period if, at a duly noticed public hearing, it determines that the applicant has diligently pursued implementation of the planned unit development plan but was delayed as a result of factors and forces beyond the applicant’s immediate control.  (1996 zoning code (part)).

18.15.050 Amendment of a planned unit development plan.

Amendments to an adopted planned unit development plan shall follow the procedures for application, review and adoption of a planned unit development plan established in this chapter.  (1996 zoning code (part)).

18.15.065 Status of a previously adopted PUD plan.

Amendments to a planned unit development plan adopted prior to the effective date of the ordinance codified in this title shall follow the procedures specified in this chapter.  (1996 zoning code (part)).