Sec. 38-163. Planned Unit Development Approval.
A. Purpose.The purpose of Planned Unit Development (PUD) approval is to encourage innovative planning for residential, commercial, or industrial development. Diversification is allowed in the relationships of various buildings, structures, and open spaces and planned building groups, and the allowable heights of buildings and structures, while ensuring substantial compliance to the zone regulations and other provisions of this chapter. In determining the development intensity in a Planned Unit Development, undevelopable land shall be excluded.
B. Initiation of Planned Unit Development Approval.Planned Unit Development approval shall be initiated by filing the following items with the City Manager or Designee:
1.A filing fee, as set forth by resolution of the City Council.
2.Submittal requirements for Planned Unit Development applications as developed and maintained by the Planning, Engineering and Environmental Compliance Division.
3.No application shall be accepted for a use which will require a change of zoning, unless the application is accompanied by an application for zoning amendment; provided, however, that uses incidental to a permitted use may be approved by the Planning Commission when clearly appropriate and incidental to the primary use. (Ord. 3436 § 2, 2009)
C. Notice and Public Hearing.
1.The notice and public hearing for Planned Unit Developments shall be the same as for a Use Permit.
D. Duties of Planning Commission and the Community Development Director.
1. Public Hearing.The Planning Commission shall conduct a public hearing and hear testimony for and against the application. The Planning Commission shall act upon the application within 45 days, pending any necessary zoning amendment. A public hearing may be continued to a definite date and time without additional public notice.
2. Decision and Notice.At the conclusion of a public hearing, the Planning Commission shall approve, conditionally approve, or disapprove the application. Notice of the decision shall be made to the applicant and any other party requesting such notice within ten days of the date of a decision becoming effective. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
E. Required Findings.The Planning Commission shall approve an application for a Planned Unit Development as was applied for or in modified form, if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission find:
1.The proponents of the Planned Unit Development have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within thirty (30) months of the approval of the project and in any necessary zoning changes; and intend to complete the construction within a reasonable time, as determined by the Planning Commission.
2.That the proposed Planned Unit Development is consistent with the Monterey General Plan and any neighborhood plan or area plan which has been adopted affecting the property.
3.In the case of proposed commercial development, that such development is desirable at the proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not be created by the proposed development or will be mitigated by projected improvements; that the development will be an attractive and efficient center which will fit harmoniously into the surrounding neighborhood and will not have significant adverse effects upon the surrounding neighborhoods.
4.In the case of proposed industrial developments, that such development is fully in conformity with applicable performance standards set forth in this chapter, and will constitute an efficient and well organized development with adequate provisions for transportation access and necessary storage; that such development will have no significant adverse effects upon surrounding neighborhoods.
5.That the development of a harmonious, integrated plan justifies exceptions, if such are required to the normal requirements of this chapter.
F. Conditions of Approval.In approving a Planned Unit Development, the Planning Commission may impose reasonable conditions. Conditions may include a performance bond of not more than 10% of the estimated cost of the Planned Unit Development. Any Planned Unit Development, as authorized, shall be subject to all conditions imposed and shall be excepted from other provisions of the chapter only to the extent specified in the permit. (Ord. 3424 § 1, 2009)