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Attachment 4
TOWN OF LOS GATOS PLANNING COMMISSION REPORT MEETING DATE: 03/28/2018 DATE: MARCH 23, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR ITEM NO: 3 SUBJECT: TOWN CODE AMENDMENT APPLICATION A-17-006 AND GP-17-003. PROJECT LOCATION: TOWN WIDE. APPLICANT: TOWN OF LOS GATOS. CONSIDER AMENDMENTS TO CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE, THE GENERAL PLAN, AND OTHER POLICY DOCUMENTS REGARDING PLANNED DEVELOPMENT ORDINANCES AND THE CONDITIONAL USE PERMIT TABLE. BACKGROUND: On February 14, 2018, the Planning Commission considered amendments to Chapter 29 (zoning regulations) of the Town Code, the General Plan, other policy documents regarding Planned Development (PD) Ordinances, and the Conditional Use Table as recommended to the Town Council by the Planned Development Study Committee. At that meeting, the Commission received the staff report, considered comments from the public, began discussing the topics outlined in the staff report, and continued consideration to March 28, 2018 with direction to staff. The direction to staff was to incorporate two minor grammatical edits to the first page of the draft PD Ordinance (shown in bold and underlined text in Exhibit 33), and to conduct additional research on neighboring jurisdictions so the Commissioners can better address the topics outlined in the February 14, 2018 staff report. Specifically, the Commission directed staff to research whether the cities of Saratoga, Los Altos, and Campbell have: • Adopted PD Ordinances; • Minimum PD lot size requirements; • Density requirements for residential units in commercial zones; • Minimum open space requirements in commercial zones; • A definition of mixed -use; and • A definition of public benefit. PREPARED BY: RYAN SAFTY/JENNIFER ARMER Associate Planner/Senior Planner Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 • 408-354-6874 www.losgatosca.gov ATTACHMENT 4 PAGE 2 OF 7 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES. TOWN CODE AMENDMENT/A-17-006/GP-17-003 MARCH 23, 2018 Staff also added Mountain View to the list of jurisdictions to research due to public comment received at the February 14, 2018 Planning Commission hearing. DISCUSSION: The table below contains a summary of staff's research. A more detailed discussion is provided following the table. PD Ordinance Minimum PD Lot Size Residential Density Limit in Commercial Zones Minimum Open Space in Commercial Zones Mixed -Use Definition Public Benefit Definition Saratoga Yes No Yes No Yes No, but examples provided Los Altos Yes Yes, varies Yes Yes No No Campbell Yes No No No Yes No, but examples provided Mountain View Yes Yes, varies No No Yes No, but examples provided A. Have the other jurisdictions adopted PD Ordinances? All four jurisdictions have adopted PD Ordinances: • Saratoga has a Planned Combined Zoning District (Exhibit 16); • Los Altos has a Planned Community Zoning District (Exhibit 17) and Planned Unit Developments (PUD) are allowed in specific locations (Exhibit 18); • Campbell has a Condominium Planned Development Zoning District (Exhibit 19) and a Planned Development Zoning District (Exhibit 20); and • Mountain View has a Planned Community Zoning District (Exhibit 21) and PUDs are allowed in all other zoning districts (Exhibit 22). N:\DEV\PC REPORTS\2018\PD update 3.28.18 PC.docx PAGE 3 OF 7 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES. TOWN CODE AMENDMENT/A-17-006/GP-17-003 MARCH 23, 2018 DISCUSSION (Continued): B. Do other jurisdictions have a minimum PD lot size requirement? Los Altos and Mountain View have the following minimum lot size requirements for PD projects: • Los Altos Planned Community Zoning District - 20 acres; • Los Altos PUD - Zero to five acres; • Mountain View Planned Community Zoning District - Two acres; and • Mountain View PUD - Ten acres if located in industrial zoning districts and two acres if located in commercial zoning districts. C. Do other jurisdictions have residential density limits for commercial zones? Saratoga and Los Altos both have residential density limitations for commercially zoned properties: • Saratoga has density limits in their General Plan Land Use Table (Exhibit 23); • Los Altos has density limits in their General Plan Land Use Table (Exhibit 24); and • Los Altos limits residential density in the Commercial Thoroughfare Zoning District to 38 dwelling units per acre. D. Do other jurisdictions have minimum open space requirements in commercial zones? Los Altos is the only jurisdiction with a commercial zone that requires minimum open space; however, the open space requirement is not related to commercial uses. Los Altos' Commercial Thoroughfare Zoning District contains open space requirements for multi- family residential projects, which are allowed as a conditional use (Exhibit 25). E. Do other jurisdictions define mixed -use? Of the four jurisdictions, Los Altos is the only jurisdiction that does not define mixed -use: • Saratoga defines mixed -use development as: The development of a lot or building with two or more different land uses, such as residential, commercial, office, or public (§ S.M.C. 15-58.020); N:\DEV\PC REPORTS\2018\PD update 3.28.18 PC.docx PAGE 4 OF 7 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES. TOWN CODE AMENDMENT/A-17-006/GP-17-003 MARCH 23, 2018 DISCUSSION (Continued): • Campbell defines mix of uses as: A mixed -use project shall only combine residential uses with commercial/office uses. Mixed -use projects that provide commercial and/or office space on the ground floor with residential units above (vertical mix) are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mix) (§ C.M.C. 21.36.130); and • Mountain View defines mixed -use development as: The development of a site or structure with two (2) or more different land uses, including a combination of residential, office, retail, public, manufacturing or entertainment in a single or physically integrated group of structures (§ M.V.M.C. 36.60.29). F. Do other jurisdictions define public benefit? Saratoga does not define public benefit. However, the Planned Combined Zoning District within the Zoning Code references public benefits: A public benefit could include, but is not limited to, buildings that exceed the City's green building standards, provides community facilities that are open to the public, or allows for innovative in -fill design (§ S.M.C. 15-16.010-b). Los Altos does not define public benefit. However, each of the Downtown Commercial districts within the Zoning Code contain a section titled "Exception for Public Benefit," which refers to public benefits as implementing aspects of the Los Altos Downtown Design Plan. An excerpt of the "Exception for Public Benefit" section from the Commercial Retail Sales District is provided in Exhibit 26. Prior to the February 14, 2018 Planning Commission hearing, a Public Benefit Bonus Policy Brief was provided to staff and the Commissioners (Exhibit 15). The policy brief was drafted in 2012 on behalf of the City of Mountain View, as the City was researching how to best implement a public benefit bonus program. Currently, Mountain View does not have a citywide public benefit policy. However, the City has embedded public benefit requirements into their precise plans. The precise plans each have a "base" allowance for intensity and height standards, and then different "tiers" for increased allowances based on public benefit contributions. Exhibit 27 contains excerpts from the San Antonio Precise Plan, Exhibit 28 contains excerpts from the North Bayshore Precise Plan, Exhibit 29 contains excerpts from the El Camino Real Precise Plan, and Exhibit 30 contains the resolution for adoption of a minimum value for public benefits provided in the El Camino Real Precise Plan. N:\DEV\PC REPORTS\2018\PD update 3.28.18 PC.docx PAGE 5 OF 7 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES. TOWN CODE AMENDMENT/A-17-006/GP-17-003 MARCH 23, 2018 DISCUSSION (Continued): Staff expanded its search beyond the four jurisdictions to gather additional information on public benefits. San Jose does not define public benefit. However, the San Jose Stevens Creek Urban Village Specific Plan states the following regarding potential community benefits: Should a residential mixed -use project construct 50 percent or more commercial space than required under this Plan, it can be considered as a community benefit. Other potential community benefits could include designing and building commercial space that is specifically affordable to small businesses, leasing commercial space at an affordable rate to small businesses, providing the space and infrastructure for a farmer's market, or providing a space specifically for food trucks (§ San Jose Stevens Creek Urban Village Specific Plan, p. 175). Culver City has a Community Benefit Incentive Program. The program establishes the types of community benefits, the process for establishing and approving community benefits, the community benefits contribution amount, and the procedures for providing a community benefit. Exhibit 31 contains the resolution establishing the Community Benefit Incentive Program. The Glendale Downtown Specific Plan contains an Incentives and Bonuses Chapter, which outlines the incentives and bonus program for the Downtown Specific Plan. The document lists specific density and height bonuses for the following types of public benefits: affordable housing, historic preservation, hotels, public open space, reuse of existing buildings, and sustainable design. Exhibit 32 contains the Incentives and Bonuses Chapter of the Glendale Downtown Specific Plan. PUBLIC COMMENTS: No Public Comments have been submitted. N:\DEV\PC REPORTS\2018\PD update 3.28.18 PC.docx PAGE 6 OF 7 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES. TOWN CODE AMENDMENT/A-17-006/GP-17-003 MARCH 23, 2018 CONCLUSION: A. Recommendation Staff recommends that the Planning Commission review the information included in the staff reports for this matter, address the topics outlined in the February 14, 2018 staff report, and forward the draft PD Ordinance, modifications to the Conditional Use Table, and General Plan amendments to the Town Council with a recommendation for adoption. The Commission should also include any comments or recommended changes to the draft PD Ordinance, the Conditional Use Table, and the General Plan amendments in taking the following actions: 1. Make the finding that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b) (3)] (Exhibit 1); 2. Make the required finding that the proposed amendments to the Town Code (Zoning Regulations) regarding Planned Development overlay zones and residential uses in non- residential zones are consistent with the General Plan (Exhibit 1); 3. Make the required finding that the proposed General Plan amendments are internally consistent with the General Plan (Exhibit 1); and 4. Forward a recommendation to the Town Council for approval of the proposed amendments to the Town Code and General Plan (Exhibit 5, 6, 8, and 33). B. Alternatives Alternatively, the Commission can: 1. Forward a recommendation to the Town Council for approval of the proposed amendments to the Town Code and General Plan with modifications; or 2. Forward a recommendation to the Town Council for denial of the proposed amendments to the Town Code and General Plan; or 3. Continue the matter to a date certain with specific direction. EXHIBITS: Previously received with February 14, 2018 Staff Report: 1. Required Findings (one page) 2. Existing Planned Development Ordinance (five pages) 3. Town Council Ad Hoc Committee Recommended Draft Planned Development Ordinance (three pages) N:\DEV\PC REPORTS\2018\PD update 3.28.18 PC.docx PAGE 7 OF 7 SUBJECT: CONSIDER AMENDMENTS THE TOWN CODE AND GENERAL PLAN REGARDING PLANNED DEVELOPMENTS AND RESIDENTIAL USES IN NON-RESIDENTIAL ZONES. TOWN CODE AMENDMENT/A-17-006/GP-17-003 MARCH 23, 2018 4. Resolution 2015-008 — Establishing the Planned Development Study Committee (two pages) 5. Planned Development Study Committee Recommended Draft Planned Development Ordinance (three pages) 6. Planned Development Study Committee Recommended Modifications to the CUP Table (one page) 7. Planned Development Study Committee Other Important Issues (one page) 8. Planned Development Study Committee Recommended General Plan Amendments (two pages) 9. Executive Summary from the Chair and Vice -Chair of the Planned Development Study Committee (three pages) 10. Minutes from August 2, 2016, Town Council hearing (one page) 11. Code Sections 29.10.066 & 29.40.660 Excerpt - Recreational Open Space (two pages) 12. Code Section 29.40.635 Excerpt — Density Findings (one page) 13. General Plan "Mixed -Use" References (three pages) 14. Neighboring Jurisdiction Definitions of "Mixed -Use" (one page) 15. City of Mountain View — Public Benefit Bonus Policy Brief (15 pages) Received with this Staff Report: 16. City of Saratoga - Planned Combined District (three pages) 17. City of Los Altos - Planned Community District (six pages) 18. City of Los Altos - Planned Unit Developments (eight pages) 19. City of Campbell - Condominium Planned Development District (two pages) 20. City of Campbell - Planned Development District (four pages) 21. City of Mountain View - Planned Community District (two pages) 22. City of Mountain View - Planned Unit Developments (two pages) 23. City of Saratoga - General Plan Land Use Table (one page) 24. City of Los Altos - General Plan Land Use Table (one page) 25. City of Los Altos - Open Space Requirements in Commercial Thoroughfare District (one page) 26. City of Los Altos - Exceptions for Public Benefit Excerpt (one page) 27. City of Mountain View - San Antonio Precise Plan Excerpt (seven pages) 28. City of Mountain View - North Bayshore Precise Plan Excerpt (three pages) 29. City of Mountain View - El Camino Real Precise Plan Excerpt (four pages) 30. City of Mountain View - Resolution for Public Benefits Minimum Value for El Camino Precise Plan (two pages) 31. Culver City - Resolution Establishing the Community Benefit Incentive Program (seven pages) 32. City of Glendale - Incentives and Bonuses Chapter of Downtown Specific Plan (six pages) 33. Planning Commission Recommended Edits to Draft PD Ordinance (three pages) N:\DEV\PC REPORTS\2018\PD update 3.28.18 PC.docx This Page Intentionally Left Blank EXHIBIT 16 City of Saratoga - Planned Combined District This Page Intentionally Left Blank 2/21/2018 15-16.040 - Standards. I Code of Ordinances I Saratoga, CA I Municode Library Article 15-16 - P-C: PLANNED COMBINED DISTRICT 15-16.010 - Purposes of Article. The purpose of the P-C combined district is to provide the City the authority to modify standards of development in an underlying zoning district so as to achieve the following objectives: (a) To provide a means of guiding development or redevelopment of properties in areas of the City that are uniquely suited for a variety of design and development patterns and standards. (b) To provide greater flexibility of land use and design for a development that provides a public benefit that would not otherwise be attainable through strict application of the zoning regulations. A public benefit could include, but is not limited to, buildings that exceed the City's green building standards, provides community facilities that are open to the public, or allows for innovative in -fill design. (c) To encourage innovative design in a development that achieves one or more specific goals and policies of the General Plan that would otherwise not be attainable through strict application of the zoning regulations. It is not the intent of the P-C district to allow more residential units than would normally be allowed by the existing residential zoning district on the property unless otherwise allowed by the General Plan. In certain instances, the objectives of the Zoning Ordinance may be achieved by the development of a residential community primarily for a common green development or for persons desiring smaller residences or dwelling units than economically feasible under existing zoning districts, and which combines a number of uses in order to develop a living environment in conformity with the General Plan. The planned combined district is intended to accomplish this purpose and may include a combination of single or multiple dwelling uses together with ancillary uses of recreational centers, social halls, restaurants, medical centers and other related facilities. In order to provide locations for well -planned community facilities which conform with the objectives of the Zoning Ordinance, although they may deviate in certain respects from existing district regulations, property may be rezoned to a new combined residential district, provided the development complies with the regulations prescribed in this Article. (Amended by Ord. No. 299, § 1, 9-19-2012) 15-16.020 - Combination with other districts. A planned combined district may be combined with any zoning district upon the granting of a change of zone to a combined district in accord with the provisions of this Article. A planned combined district shall be designated by the symbol "P-C" following the zoning district designation with which it is combined. (Amended by Ord. No. 299, § 1, 9-19-2012) 15-16.030 - Permitted and conditional uses. No use shall be established or changed upon the property with which the P-C district is combined unless approved on the basis of the general site development plan provided pursuant to Section 15-16.060(a). The types of uses which may be established or changed on the basis of such development plan include, but are not limited to: (a) Single-family, two-family or three-family dwellings, or a combination thereof, together with all other permitted uses in an R-1 district, shall be permitted in an R-1 district which is combined with a P-C district. The dwelling units shall be single -story unless otherwise approved by the Planning Commission. (b) Single-family and multi -family dwellings, or a combination thereof, together with all other permitted uses in an R-M district, shall be permitted in an R-M district combined with a P-C https://library.municode.com/ca/saratoga/codes/code_of ordinances?nodeld=CH15ZORE ART15-16PLCODI_15-16.040ST 1/3 2/21/2018 15-16.040 - Standards. I Code of Ordinances I Saratoga, CA I Municode Library district. The dwelling units shall be single -story unless otherwise approved by the Planning Commission. (c) Community centers, private recreational centers, social halls, lodges, clubs, restaurants and medical centers, to be used by the residents of the planned combined district and their guests. (Amended by Ord. No. 299, § 1, 9-19-2012) 15-16.040 - Standards. (a) Standards for the P-C district, including residential density, shall be consistent with the General Plan. (b) Except as provided for in [paragraph] (a) above, the City Council shall have authority to grant exceptions to the regulations in this Chapter pertaining to development standards without compliance with the provisions of Article 15-70 of this Chapter relating to variances. (c) The Planning Commission may recommend and the City Council may require any development on property as to which the P-C district has been combined, and as to which a general site development plan is required, to contain a common green and/or other common area features. (Amended by Ord. 245, § 2(Att. A)(part), 2006; Ord. No. 299, § 1, 9-19-2012) Editor's note— x. ec. 'v of Ord. No. 299, adopted Sept. 19, 2012, amendedarticle 15-16 in part by deleting 16.040, which pertained to conditional uses, renumbering § 15-16.050 as 15-16.040. This deleting/renumbering subsequently resulted in the "reserving" § 15-16.050. 15-16.050 - Reserved. 15-16.060 - Reclassification procedure. The procedure set forth in Article 15-85 of this Chapter shall apply to applications for a change of zone to a planned combined district (including Section 15-85.090, Conditional reclassification), subject to the following provisions: (a) The drawing to be furnished with the application shall be a general site development plan of the entire development drawn to scale and shall include all of the following information: (1) Proposed land use densities, building intensities and parking areas. (2) Proposed circulation pattern, indicating both public and private streets. (3) Proposed parks, playgrounds, and other open spaces. (4) General delineation and location of each and every building and structure, the proposed use of each building and structure and a schedule for the construction of each building and structure. (5) Any other information deemed necessary by the Community Development Director. (b) The Planning Commission may recommend and the City Council may by ordinance adopt a change of zone to a planned combined district as applied for or in modified and/or conditional reclassification form if, on the basis of the application and the evidence submitted, the Commission and/or the Council make the finding that the change is required to achieve the objectives of the Zoning Ordinance set forth inSection 15-05.020, and can make the following additional findings: (1) That the proposed location of the planned combined district is in accord with the objectives of the General Plan and the purposes of the zoning district in which the site is located. (2) That standards for the development will result in an aesthetic asset to the community and produce an environment of stable and desirable character consistent with the overall objectives of the General Plan and Zoning Ordinance. (3) That the uses in the development will complement each other and will not adversely affect existing and proposed land uses in the vicinity or the public health, safety and welfare. (4) The application of the combined district furthers two or more of the purposes contained https://library.municode.com/ca/saratoga/codes/code_of ordinances?nodeld=CH15ZORE_ART15-16PLCODI_15-16.040ST 2/3 2/21/2018 15-16.040 - Standards. I Code of Ordinances I Saratoga, CAI Municode Library withinSection 15-16.010. (c) The owner may be required to enter into a written contract with the City agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use within the development. (Amended by Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 299, § 1, 9-19-2012) 15-16.070 - Design review. All structures for multi -family and conditional uses in a planned combined district shall be subject to design review approval pursuant toArticle 15-46 of this Chapter. Single-family structures shall be subject to design review approval when otherwise required under the provisions ofArticle 15-45 of this Chapter. (Amended by Ord. No. 299, § 1, 9-19-2012) 15-16.080 - Reserved. Editor's note— of Ord. No. 299, adopted Sept. 19, 2012, repealed § 15-16-080, dedication of common green. https://library.municode.com/ca/saratoga/codes/code_of ordinances?nodeld=CH15ZORE_ART15-16PLCODI_15-16.040ST 3/3 This Page Intentionally Left Blank EXHIBIT 17 City of Los Altos - Planned Community District This Page Intentionally Left Blank 2/21/2018 Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT I Code of Ordinances I Los Altos, CA I Municode Library Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT Sections: 14.56.010 - PC District. The regulations, general provisions, and exceptions set forth in this chapter and in shall apply in the PC District. (Prior code § 10-2.21501) 14.56.020 - Purpose (PC). The purpose of the PC District is to provide for the long-term development of large properties under unified ownership or control, to allow flexibility and variety in the lot layout, to promote a more desirable living environment, to encourage developers to use a more creative approach in land development in order to conserve natural features, and to facilitate the provision of more desirable, aesthetic, and efficient use of open space on parcels where natural features would be destroyed under normal subdivision practices and wherein one or more of the following circumstances may apply: A. That the concept of a master site plan is desirable to show ultimate development plans and to address the phasing of development; B. That certain areas of the site may be unsuitable for development due to environmental considerations; C. That a variety of uses are proposed for the site; D. That the concept of a residential unit density bonus may be desirable in exchange for publicly dedicated open space from site lands; and/or E. That no portion or only some portion of the site total is proposed for immediate development. (Prior code § 10-2.21502) 14.56.030 - Amendments (PC). Amendments to the PC District boundaries may be proposed by the city or property owner as provided in Chapter 14.86. A change in district boundaries alone need not be accompanied by a master plan and/or development plan proposal as described in Section 14.56.100° of this chapter. (Prior code § 10-2.21503) 14.56.040 - Site area (PC). The minimum site area in the PC District shall be twenty (20) acres. (Prior code § 10-2.21504) 14.56.050 - Permitted uses (PC). Upon the approval of a Master Plan in accordance with Sections14.56.100 through 14.56.140 of this chapter, the following uses may be permitted in the PC District: A. Single-family residences; B. Senior citizen housing in accordance with the provisions set forth in Section 14.62.210; C. Community facilities as follows: 1. Schools other than public, including nursery schools and day care centers; 2. Public and private nonprofit recreation areas, country clubs, golf courses, and private https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.56PCPLCODI 1/6 2/21/2018 Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT I Code of Ordinances I Los Altos, CA I Municode Library noncommercial clubs; 3. Churches, monasteries, convents, retreats, and other religious institutions; 4. Institutions of an educational or philanthropic nature, including museums and noncommercial art galleries; 5. Public utility and public service structures or installations; and 6. Hospitals, convalescent hospitals, residential care homes, and nursing homes; D. Open space areas, public and private; and E. Other uses which are determined by the commission and council to be of the same general character. (Prior code § 10-2.21505) 14.56.060 - Density (PC). Density in the PC District shall be as follows: A. Single-family residential density. The baseline number of permitted dwelling units shall be calculated by subtracting twenty (20) percent of the gross site area and dividing the remainder by the required lot area per dwelling unit in the site zoning district in effect immediately prior to rezoning to the PC District. Where on -site open space would be provided and/or required, open space lands shall be included in calculating the total residential acreage on the site. The granting of the full baseline density for the site shall be subject to city review of planning considerations and shall not be automatic. B. A residential density bonus (beyond the baseline density) may be granted in exchange for publicly dedicated open space from contiguous on -site lands. Any such density bonus shall be approved by the commission and council. No building permit for bonus units shall be issued prior to the dedication of open space. A density bonus of one to ten (10) additional units may be granted in exchange for the first ten (10) acres of publicly dedicated open space from on -site lands. No density bonus shall be granted for the open space dedication of lands smaller than ten (10) acres. For each contiguous acre of publicly dedicated open space exceeding ten (10) acres, up to one additional bonus residential unit may be awarded, at the discretion of the commission and council. C. Senior citizen housing residential density. The maximum density shall be fifty (50) units per acre. The granting of the full density shall be subject to city review and planning consideration and shall not be automatic. (Prior code § 10-2.21506) 14.56.070 - Development standards (PC). The development standards for setbacks, lot dimensions, lot coverage, parking, and height in the PC District shall be as follows: A. For single-family residences on traditional Tots which are fifteen thousand (15,000) square feet or less in size, the R1-10 standards set forth in Chapter 14.06shall apply; on Tots fifteen thousand and one (15,001) to thirty-three thousand (33,000) square feet in size, the R1-20 standards set forth in Chapter 14.10 shall apply; and on lots thirty-three thousand and one (33,001) square feet or more in size, the R1-40 standards set forth in Chapter 14.12 shall apply; B. For single-family residences in a cluster subdivision, the standards set forth in Section 14.62.20( shall apply; provided, however, the maximum coverage for all structures over six feet in height shall be twenty (20) percent of the total area of the development site; C. For senior citizen housing, the PUD/SC standards set forth in Section 14.62.210 shall apply; and D. For community facilities, the standards set forth inChapter 14.70 shall apply. Existing facilities which do not meet the standards set forth in this section may be allowed to remain provided the commission and council find that their nonconformity will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity. https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.56PCPLCODI 2/6 2/21/2018 Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT 1 Code of Ordinances 1 Los Altos, CA I Municode Library (Prior code § 10-2.21507) 14.56.080 - Required conditions (PC). The following conditions shall be required for development in the PC District: A. That the site and structures be in single ownership and/or control, unless otherwise excepted by the commission and council; and B. That no use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, smoke, dust, cinders, dirt, refuse, water -carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion. (Prior code § 10-2.21508) 14.56.090 - Planning commission and council approval required (PC). Any development within the PC District shall be approved by the commission and council as provided in Sections 14.56.100 through of this chapter. (Prior code § 10-2.21509) 14.56.100 - Applications —Master plans and development plans (PC). Applications for development in the PC District shall consist of Phase I: Master Plan, and Phase 11: Development Plan. The submittal and approval of a completed master plan shall precede any submittal of a development plan for a given site. Site development may occur in stages. Each stage of proposed new site development shall be accompanied by a development plan which is consistent with the approved site master plan. Where existing facilities on the site are proposed to remain, a development plan shall be submitted for their continued existence and for any major improvements or additions proposed for the given facilities. All phases shall be reviewed in the same manner as set forth in Sections14.56.110 through of this chapter and shall be accompanied by a fee set by the council by resolution. A. Applications for Phase I: Master Plan shall consist of the following: 1. A site study to include, but not be limited to, the following: i. The existing environmental conditions affecting the site (topography, slopes, soil types, vegetation, wildlife, floodplains, waterways, drainage patterns, groundwater resources, traffic patterns, public services, surrounding land use, aesthetics, archaeology, and other topics as defined by the city); ii. The adjacent and nearby land uses; iii. The potential opportunities and constraints to site development due to any consideration related to subsection (i) of this subsection; iv. Site specific development guidelines based upon the findings of subsections (i), (ii), and (iii) of this subsection; and v. The rationale for proposed features of the master plan map; 2. A master plan map which indicates: i. The topographic character; ii. The existing improvements; iii. The proposed circulation plan; iv. The surface waterways; v. The areas proposed as public and/or private open space, including areas unsuitable for development, due to floodplains, steep slopes, natural hazards, or other constraints; vi. The major areas of vegetation; https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.56PCPLCODI 3/6 2/21/2018 Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT I Code of Ordinances I Los Altos, CAI Municode Library vii. The areas of anticipated development phasing; and viii. The density by development area; and 3. A general development schedule which includes: i. The description of the project; ii. When feasible, the anticipated timing for each section of the development for which specific uses are intended or for which specific sectional development plans will be submitted; iii. The approximate area of each section of the development; iv. For residential development or residential sections of the development: a. The approximate number of dwelling units proposed by type of dwelling. This may be stated as a range with the maximum number of units of each type; b. The approximate total population anticipated in the entire development; c. The approximate land area and number of sites proposed for public uses of each type; and v. For the development of community facilities: a. The types of uses proposed; and b. Significant applicable information with respect to enrollment, residence, employment, attendance, and other sociological characteristics of the development. B. Applications for Phase II: Development Plan shall consist of the following: 1. The parcels of land intended to be dedicated or reserved for public parks, or public open space, or otherwise dedicated or reserved to the public; 2. The open spaces set aside for private open space and/or for the use of the residents of the development in common; 3. The types of residential and nonresidential structures and site locations therefor; 4. The locations of garages and parking; 5. The pedestrian walks and malls and other trails; 6. The vehicular access and circulation; 7. The location of all walls, fences, and screening; 8. A preliminary tree planting and landscaping plan; 9. The preliminary plans and elevations of all structures; 10. Drafts of appropriate restrictive covenants, drafts of documents providing for the maintenance of common open spaces, drafts of any dedication of open spaces and other properties, drafts of any dedication of development rights as required by this section, and any other documents to be submitted to the Real Estate Commission of the state; 11. Tables showing the total number of acres in the proposed development and the percentage designated for each of the proposed dwelling types and for nonresidential structures and uses, off-street parking, streets, parks, and open spaces; 12. Tables showing the overall density of the proposed residential development; 13. A time schedule indicating when construction is to begin, the anticipated rate of development, and the approximate completion date, including any stage construction; 14. A plan indicating the location of all existing trees, other than fruit or nut, and other prominent natural features; 15. Preliminary grading plans; and 16. Preliminary drainage plans. C. Prior to the public hearing scheduled before the commission as set forth in Section 14.56.120, the development plan shall be reviewed by the architecture and site control committee which shall report its findings to the commission. (Prior code § 10-2.21510) 14.56.110 - Staff reviews (PC). https:l/library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.56PCPLCODI 4/6 2/21/2018 Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT I Code of Ordinances I Los Altos, CAI Municode Library Both phases (Master Plan and Development Plan) shall be reviewed in the following manner: After an application has been filed, the planning department staff shall review such petition and shall then prepare a written staff report to accompany the petition to the commission at the first public hearing. The staff report shall include at least the following: A. A map showing the existing zoning of the subject property and the adjoining properties, regardless of jurisdiction; B. Comments (which may be illustrated with drawings or maps) as to whether the proposal generally conforms to each of the elements of the adopted general plan; C. General design comments; D. Any other comments deemed appropriate by the staff; and E. Any illustrative drawings, maps, or plans deemed appropriate by the staff. (Prior code § 10-2.21511) 14.56.120 - Hearings —Notices (PC). The commission shall hold at least one public hearing on each phase of the submittal. Notices of such public hearings shall be given not less than ten (10) days and not more than thirty (30) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the city and mailing of notices to the recorded legal owners of all properties within five hundred (500) feet of the boundaries of the site at the addresses shown on the latest adopted tax roll of the county. (Prior code § 10-2.21512) 14.56.130 - Planning commission action (PC). A. At the time and place set for the public hearing before the commission on an application for the approval of a master plan or a development plan, the commission shall consider the petition and the accompanying evidence along with the report of the architecture and site control committee and shall make a specific finding on each of the following issues: 1. Whether the proposed plan is necessary to the public health, safety, comfort, convenience, prosperity, or welfare; 2. Whether the proposed plan is in accordance with the objectives of the zoning plan as stated in Chapter 14.02; and 3. Whether the proposed plan under the circumstances of the particular case will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. B. If the finding on each of such issues is positive, the commission may recommend to the council that the plan be approved. If the finding on one or more of such issues is negative, the commission may deny the application. Disapproval by the commission shall be final; however, the applicant may appeal the decision to the council within fifteen (15) days after the date of the decision of the commission. The appeal shall be in writing by the applicant to the city clerk and shall be accompanied by a fee set by the council by resolution. (Prior code § 10-2.21513) 14.56.140 - Council action (PC). A. In the case of approval or an appeal, the council shall set the matter for a public hearing. Notices of such hearing shall be given in accordance with the provisions of Section 14.56.120 of this chapter. At the time and place set for the public hearing before the council, the council shall consider the petition and the accompanying evidence along with the report of the commission and shall make a specific finding on each of the following issues: 1. Whether the proposed plan is necessary to the public health, safety, comfort, convenience, prosperity, or welfare; 2. Whether the proposed plan is in accordance with the objectives of the zoning plan as stated in Chapter 14.02; and 3. Whether the proposed plan under the circumstances of the particular case will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14Zo_CH14.56PCPLCODI 5/6 2/21/2018 Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT I Code of Ordinances I Los Altos, CAI Municode Library residing or working in the vicinity or injurious to property or improvements in the vicinity. B. If the finding on each of such issues is positive, the council may approve the application. If the finding on one or more of such issues is negative, the council may deny the application. (Prior code § 10-2.21514) 14.56.150 - Plan approval (PC). The approval of a master plan shall be binding upon the applicants and their successors and assigns and shall run with the land. The master plan approval shall not allow development. The number of units approved in the master plan approval shall be considered the maximum number of units for the entire site area. The exact number of units which can be constructed in any site area shall be determined at the time of the development plan approval. The approval of a development plan shall be generally consistent with the master plan. The approval of a development plan, including all conditions attached thereto, shall be binding upon the applicants and their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the development. (Prior code § 10-2.21515) 14.56.160 - Expiration (PC). A. An approved master plan which has not been fully implemented within seven years after the date of approval or conditional approval shall automatically become null and void, and, before any development shall proceed, the applicant shall again file for master plan approval in accordance with the provisions of this chapter. The council, upon a request, and after the receipt of a report by the commission, may grant such extension of the development period as the council deems advisable; not, however, to exceed three years. B. An approved development plan which has not been fully implemented within three years after the date of approval or conditional approval shall automatically become null and void, and, before any development shall proceed, the applicant shall again file for development plan approval in accordance with the provisions of this chapter. The council, upon a request, and after the receipt of a report by the commission, may grant such extension of the development period as the council deems advisable; not, however, to exceed two years. (Prior code § 10-2.21516) 14.56.170 - Plan modifications (PC). A. Minor modifications in the master plan and/or development plan may be permitted upon approval by the architecture and site control committee if the modifications will not result in changes in the uses or the character of the development, increases in coverage and/or density, increases in amounts of traffic generated, increases in parking or loading requirements, or reduction in the number of off-street parking and/or loading spaces. B. Proposed major modifications to the master plan and/or development plan shall be processed by the reinitiation of the master plan process as set forth in Sections 14.56.100through 14.56.140 of this chapter. (Prior code § 10-2.21517) 14.56.180 - Signs (PC). (As provided in Chapter 14.68 of this code.) (Prior code § 10-2.21518; Ord. No. 2015-414,_§ 12, 9-8-2015) https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.56PCPLCODI 6/6 EXHIBIT 18 City of Los Altos - Planned Unit Developments This Page Intentionally Left Blank 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS Sections: 14.62.010 - Planned unit developments (PUD). The regulations, general provisions, and exceptions set forth in this chapter and in developments. (Prior code § 10-2.2401) shall apply in all planned unit 14.62.020 - Purpose (PUD). In certain instances the objectives of the zoning provisions 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 chapter. 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 objectives of the zoning provisions, although they deviate in certain respects from the zoning map and the district regulations, the council is empowered to grant use permits for planned unit developments provided the developments comply with the regulations set forth in this chapter (Prior code § 10-2.2402) 14.62.030 - Districts (PUD). A. A planned unit development may be permitted upon the granting of a use permit in accordance with the provisions of this chapter. B. The planned unit development districts shall be designated as follows: 1. PUD/RI Cluster This district is to provide for a cluster subdivision in any existing single-family residential district. The location, size, and other requirements shall be as set forth in Section 14.62.200 of this chapter; 2. PUD/R Permitted on a site with frontage on either El Camino Real or Chester Circle; 3. PUD/OA Permitted only on San Antonio Road from Edith Avenue to Foothill Expressway and El Camino Real; 4. PUD/C Permitted only on El Camino Real; and 5. PUD/SC Permitted in any zoning district in accordance with the provisions set forth in Section 14.62.210 of this chapter. (Prior code § 10-2.2403) 14.62.040 - Permitted uses (PUD). A. PUD/Ri Cluster Single-family dwellings shall be permitted in PUD/RI Cluster developments. https://library.municode.com/ca/los_altos/codes/code of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 1/8 3/2/2018 B. C. D. E. Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library PUD/R All uses permitted in the R1-10 and R3-5 Districts shall be permitted in the PUD/R developments. PUD/OA PUD/C PUD/SC All uses permitted in the OA-1, R1-10, and R3-5 Districts shall be permitted in the PUD/OA developments. All uses permitted in the CN, CD, CRS, CT, OA-1, R1-10, and R3-5 Districts shall be permitted in PUD/C developments. Housing and medical care facilities for senior citizens shall be permitted in accordance with the provisions set forth in Section 14.62.210 of this chapter. (Prior code § 10-2.2404) 14.62.050 - Site area (PUD). A. The minimum site area shall be five acres unless the site has frontage on Chester Circle, in which case the minimum site area shall be three gross acres. B. Standards for a PUD/RI Cluster shall be as set forth inSection 14.62.200 of this chapter. C. Standards for a PUD/SC District shall be as set forth inSection 14.62.210 of this chapter. (Prior code § 10-2.2405) 14.62.060 - Standards (PUD). A. Unless otherwise prescribed in Sections through14.62.10` of this chapter, all standards for PUD/R, PUD/OA, and PUD/C developments regarding density, site dimensions, site coverage, yard spaces along boundaries, height of structures, off- street parking and loading facilities, and screening and landscaping shall be no less than the maximum prescribed by the regulations for the district which is comparable to the use proposed and byChapter 14.61_. provided, however, the standards for development of a site with frontage on Chester Circle shall be in accordance with city council approved development standards and regulations as required in Section 14.62.130(A)(1) of this chapter. B. Standards for a PUD/RI Cluster shall be set forth in Section 14.62.200 of this chapter. C. Standards for a PUD/SC shall be as set forth in Section 14.162.210 of this chapter. (Prior code § 10-2.2406) 14.62.070 - Height of structures adjacent to single- family districts (PUD). A. In all PUD/R, PUD/OA, and PUD/C Districts, the maximum height of commercial, professional -administrative, and multiple -family structures shall be one story or fifteen (15) feet within one hundred (100) feet of the R1-10 District. B. Standards for the PUD/RI Cluster shall be as set forth inSection 14.62.200 of this chapter. C. Standards for the PUD/SC District shall be as set forth inSection 14.62.210 of this chapter. (Prior code § 10-2.2407) 14.62.080 - Density (PUD). A. Except as provided in subsection (B) of this section, the density in that portion of the PUD/R, PUD/CAA, and PUD/C Districts devoted to single-family residential use shall not exceed the R1-10 District density regulations, and that portion devoted to multiple -family use shall not exceed the R3-5 District density regulations. If in a multiple -family development in the PUD/C District an increase of the density in the area adjacent to the commercial development is found to be desirable, and is found to be compatible with the objectives of the zoning as set forth in Article 1 of Chapter 14.02, the density may be increased, but not to exceed an average of three thousand five hundred (3,500) square feet per unit. B. When a site has frontage on Chester Circle, the density shall be as indicated in the general plan for the specific site and in accordance with city council approved development standards and regulations as required in (A)(1) of this chapter. C. Standards for a PUD/R1 Cluster shall be as set forth in of this chapter. https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 2/8 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA 1 Municode Library D. Standards for a PUD/SC shall be as set forth in of this chapter. (Prior code § 10-2.2408) 14.62.090 - Yard spaces (PUD). A. Where the site of a planned unit development containing professional or administrative offices adjoins a single-family district, the front yard and side yards shall have a minimum depth of forty (40) feet, except on corner lots where the minimum width of the side yard adjoining the street shall be fifty (50) feet, and the rear yard shall have a minimum depth of fifty (50) feet. 13. Where the site of a planned unit development containing commercial uses adjoins a single-family district, the front yard shall have the same minimum setback as prescribed for the district in which it is located, the side yards shall have a minimum width of forty (40) feet, except on corner lots where the minimum width of the side yard adjoining the street shall be fifty (50) feet, and the rear yard shall have a minimum depth of fifty (50) feet. C. Standards for the PUD/SC District shall be as set forth in of this chapter. (Prior code § 10-2.2409) 14.62.100 - Distances between structures (PUD). A. The requirements set forth in Section 14.66.210 shall apply for the PUD/R, PUD/OA, and PUD/C Districts. B. Standards for a PUD/R1 Cluster shall be as set forth inSection 14.62.200 of this chapter. C. Standards for a PUD/SC shall be as set forth in Section 14.62.210 of this chapter. (Prior code § 10-2.2410) 14.62.110 - Screening and landscaping (PUD). A. To ensure privacy, screen unsightliness, and insulate against noise, adequate screening shall be provided where the site of a planned unit development adjoins a single-family district. B. The screening required by this section shall consist of masonry walls, board fences, compact evergreen hedges, or any combination of such elements which may be found appropriate by the planning department. C. In the PUD/R, PUD/OA, and PUD/C Districts, the required front yard, the required rear yard on a double frontage lot, and the required side yard on the street side of a corner lot shall be landscaped and permanently maintained. D. No portion of an area in which landscaping is required shall be used for vehicle parking. E. Where the site of any PUD/R (excepting PUD/R development on Chester Circle), PUD/OA or PUD/C District abuts a single-family district, the ten (10) feet abutting the property in the single-family district shall have a six foot solid fence or wall outside a planting screen of evergreen trees or bushes of a variety, height, and spacing as required and approved by the planning department, all of which shall be permanently maintained by the property owner. Such ten (10) foot planting strip shall be used exclusively for landscaped purposes. For PUD/R developments on Chester Circle, the screening standards shall be in accordance with city council approved development standards and regulations as required inSection 14.62.130(A)(1) of this chapter. F. Standards for a PUD/R1 Cluster shall be as set forth inSection 14.62.200 of this chapter. G. Standards for a PUD/SC shall be as set forth in Section 14.62.210 of this chapter. (Prior code § 10-2.2411) 14.62.120 - Required conditions (PUD). The following conditions shall be required for planned unit developments: A. That the site and structures be in single ownership, unless otherwise excepted by the commission and council; B. That no use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, smoke, dust, cinders, dirt, refuse, water -carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic or to involve any hazard of fire or explosion; and C. That no more than five persons shall be engaged in the production, repair, or processing of materials, except that this provision shall not apply to bars, restaurants, and soda fountains. (Prior code § 10-2.2412) 14.62.130 - Procedure for official development plan approval for PUD/R, PUD/OA, and PUD/C Districts (PUD). The official development plans shall be adopted in the following manner. The requirement for review of preliminary plans on Chester Circle may be waived at the discretion of the planning commission. A. Petitions. The property owner shall file the following plans and documents with the planning department in accordance with instructions provided by the planning department: 1. A written document to be entitled "Development Standards and Regulations" and containing the basis for the planned unit development, its relationship to adjoining areas, delineation of uses, intensity of uses, development standards, circulation, design criteria, procedures for development review and special conditions. 2. A preliminary plan for the proposed planned unit development (may be a sketch map drawn to scale) showing: i. A general land use plan for the proposed district indicating the use of each area; ii. Any areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, or public buildings or otherwise dedicated or reserved to the public; https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 3/8 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library iii. A general circulation plan indicating the proposed movement and relative volumes of vehicles, goods, and pedestr and from adjacent public thoroughfares; iv. The stages to be built in progression, if any; v. The land ownership; vi. A time schedule for development as provided in this article, including stage construction; vii. Tables showing the total number of acres and their distribution by use and the percentage designated for each dwelling type and for nonresidential uses, including off-street parking, streets, parks, playgrounds, schools, and common open spaces as shown on the preliminary plan; viii. Tables showing the overall density of proposed residential development and showing density by dwelling types; ix. The written consent of all persons owning an interest in such property; x. The preliminary elevation and plot plan; and xi. Such other information as the commission and council may require. B. Staff reports. Immediately after an application has been filed, the planning department staff shall review such petition and shall then prepare a written staff report to accompany the petition to the commission at the first public hearing. The staff report shall include at least the following: 1. A map showing the existing zoning of the subject property and the adjoining properties, regardless of jurisdiction; 2. A relatively current existing land use map of the area within one thousand (1,000) feet of the subject property; 3. Comments (which may be illustrated with drawings or maps) as to whether the proposal generally conforms to the adopted general plan. This includes comments regarding the effect of the proposal on the circulation, density, and land use elements of the general plan; 4. General design comments; 5. Any other comments deemed appropriate by the staff; and 6. Any illustrative drawings, maps, or plans deemed appropriate by the staff. C. Public hearing before the commission. At the time and place set for the public hearing before the commission (the notice of such hearing shall be as provided in Chapter 14.80) on an application for a planned unit development, the commission shall also consider, as part of the petition, the preliminary plan, time schedule, density, and staff report for compliance with the requirements of this article and shall: Recommend to the council approval of the tentative plans for the use permit based on specific findings to the following issues: i. Whether the proposed location of the confidential use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare; ii. Whether the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated inChapter 14.02; iii. Whether the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity; and iv. Whether the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of this chapter; or 2. Disapprove the petition and abandon proceedings thereon. Denial by the commission shall be final; however, the applicant may appeal to the council. Such appeal shall be filed in writing to the city clerk within five days after the commission action. (Prior code § 10-2.2413) 14.62.140 - Council action (PUD). At the time and place set for the council hearing, the notice of such hearing to be as provided in Chapter 14.80, the council shall review the tentative plan for the planned unit development. The council shall consider the report of the commission and may accept, modify, or reject any recommendation of the commission. If the tentative plan is approved by the council, it shall continue the hearing to a date certain and refer the matter to the commission for a report with recommendations for final detailed architecture and site approval and recommendations regarding the commencement and completion dates. (Prior code § 10-2.2413) 14.62.150 - Plan approval (PUD). A. The approval of a development plan and the granting of a use permit, including all conditions attached thereto, shall be binding upon the applicants and their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the development. B. All use permits for planned unit developments shall receive a numerical designation, starting with number one, and continuing in numerical order. The number shall be placed upon the zoning map at the location of the planned unit development and shall become an official part thereof. (Prior code § 10-2.2415) 14.62.160 - Plan modification (PUD). Minor modifications in development plans may be permitted upon approval by the statt site control committee if the modifications will not result in changes in the uses or the character of the development, increases in coverage and/or density, increases in amounts of traffic generated, increases in parking or loading requirements, or reduction in the number of off-street parking and/or loading spaces. (Prior code § 10-2.2416) https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 4/8 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library 14.62.170 - Design control (PUD). (As provided in of this title.) (Amended during 2/06 supplement; prior code § 10-2.2417) 14.62.180 - Signs (PUD). (As provided in Chapter 14.68 of this code.) (Prior code § 10-2.2418; Ord. No. 2015-414 § 12, 9-8-2015) 14.62.190 - Fences (PUD). (As provided in Chapter 14.72 of this title.) (Prior code § 10-2.2419)) 14.62.200 - Cluster permits (PUD). In any R1 Districts, a PUD/R1 Cluster may be granted by the commission and council in accordance with the requirements set forth in this section. A. Intent. The intent of a PUD/R1 Cluster is to provide for flexibility and variety in the location of dwelling units on a lot and diversity of lot sizes, to promote a more desirable living environment, to encourage developers to use a more creative approach in land development in order to conserve natural features, and to facilitate the provision of more desirable, aesthetic, and efficient use of open space on parcels where natural features would be destroyed under normal subdivision practices. B. Standards. The following standards shall govern the issuance of a PUD/R1 Cluster: 1. Uses permitted. One -family dwellings. 2. Density. The maximum number of permitted dwelling units shall be calculated by subtracting twenty (20) percent of the gross area of the parcel and dividing the remainder by the required lot area per dwelling unit in the appropriate R1 District (ten thousand (10,000) square feet in the R1-10 District, fifteen thousand (15,000) square feet in the R1-H District, twenty thousand (20,000) square feet in the R1-20 District, and forty-three thousand five hundred sixty (43,560) square feet in the R1-40 District). 3. Coverage. All buildings and structures shall not cover a total of more than thirty (30) percent of the net area. Roadways and streets shall not be deemed to be structures. 4. Minimum lot area, yard requirements, and other setbacks. Minimum lot area, yard requirements, and other setbacks shall be as proposed by the applicant and approved by the commission and council and shall be consistent with the intent of this chapter. 5. Public lands and open space. The applicant may be required to reserve sites for schools or such other public uses as may be determined by the commission and council to be necessary and to reserve adequate open space for the recreational and leisure use of the population that will occupy the cluster development which will enhance the present or potential value of abutting or surrounding development. Insofar as possible, the commission and council shall assure that natural features of the land are preserved and landscaping is provided. Provisions for the maintenance of open space shall be reviewed and approved by the commission and council. Documents dedicating development rights and provisions for the maintenance of open space and all other documents as submitted to the State Real Estate Commission shall be reviewed and approved by the city attorney. 6. Parking. Two covered parking spaces shall be required for each dwelling unit. 7. Circulation. There shall be adequate vehicular and pedestrian circulation facilities which shall be designed and arranged for safe and convenient use in accordance with accepted site planning standards approved by the commission and council. Street widths shall be a minimum of twenty (20) feet. Pedestrian walks, malls, and landscaped spaces shall be located and arranged to discourage the pedestrian use of parking and other vehicular areas and to protect pedestrian walks and areas from unnecessary exposure to the hazards of vehicular movement. 8. Light and air orientation and design. Walls containing main window exposures shall be so oriented as to ensure adequate light and air, taking into consideration sun and other climatic features, such as prevailing breezes, shall be so arranged as to avoid undue exposure to the effects of traffic, loading, and parking facilities, and shall be so designed and oriented as to preserve visual and auditory privacy between buildings. 9. Height. The maximum height shall be two stories or thirty (30) feet, whichever is the lesser. The maximum height of accessory structures shall be one story or twelve (12) feet. 10. Landscaping. The commission and council may require landscaping in addition to such natural features as exist if, in their opinion, such additional landscaping is needed for the protection and comfort of those who are adjacent to or those who will occupy the proposed development. Such additional landscaping shall be approved by the building and planning department. 11. Minimum site area. The minimum site area for a PUD/R1 Cluster shall be one acre in the R1-10 District; two acres in the R1-H and R1-20 Districts; and five acres in the R1-40 District. 12. Procedure. Any person desiring a PUD/R1 Cluster shall file with the commission an application, the form of which shall be prescribed by the commission. 13. Development plans. The application shall be accompanied by a development plan which shall meet all the requirements as to form and content of a tentative map of five or more lots required by the subdivision provisions set forth in Title 1, of this code. The development plan may be processed concurrently with a tentative map. The development plan shall be reviewed by the architecture and site control committee and shall include: i. Parcels of land intended to be dedicated or reserved for public parks, playgrounds, school sites, or otherwise dedicated or reserved to the public; https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 5/8 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library ii. Open spaces set aside for the use of the residents of the development in common; iii. Types of dwellings and site locations therefor; iv. Locations of garages and parking; v. Pedestrian walks and malls and other trails; vi. The location of all walls, fences, and screen planting; vii. A preliminary tree planting and landscaping plan; viii. Preliminary plans and elevations of all buildings; ix. Drafts of appropriate restrictive covenants, drafts of documents providing for the maintenance of common open spaces, drafts of any dedications of open spaces and other properties, drafts of any dedications of development rights as required by this section, and any other documents to be submitted to the real estate commission of the state; x. Tables showing the total number of acres in the proposed development and the percentage designated for each of the proposed dwelling types and for nonresidential structures and uses, off-street parking, streets, parks, playgrounds, schools, and open spaces; xi. Tables showing the overall density of the proposed residential development and showing the lot area; xii. A time schedule indicating when construction is to begin, the anticipated rate of development, and the approximate completion date, including any stage construction; and xiii. A plan indicating the location of all existing trees, other than fruit or nut, and other prominent natural features. 14. Fees. For the purpose of partially defraying the costs of processing an application for a use permit, a filing fee in an amount set by the council by resolution shall accompany the application. 15. Staff reports. Immediately after an application has been filed, the planning department staff shall review such petition and shall then prepare a written staff report to accompany the petition to the commission at the first public hearing. The staff report shall include at least the following: i. A map showing the existing zoning of the subject property and the adjoining properties, regardless of jurisdiction; ii. A relatively current existing land use map of the area within one thousand (1,000) feet of the subject property; iii. Comments (which may be illustrated with drawings or maps) as to whether the proposal generally conforms to the adopted general plan, including comments regarding the effect of the proposal on the circulation, density, and land use elements of the general plan; iv. General design comments; v. Any other comments deemed appropriate by the staff; and vi. Any illustrative drawings, maps, or plans deemed appropriate by the staff. 16. Public hearings before the commission. At the time and place set for the public hearing, the commission shall consider as part of the petition the preliminary plan, time schedule, density, and staff report for compliance with the requirements of this chapter. The notice of such hearing shall be as provided in Section 14.80.030 of this chapter for an application for a planned unit development. After the public hearing, the commission shall: i. Recommend to the council the approval of the tentative plans of the use permit based on specific findings to the following issues: a. Whether the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare; b. Whether the proposed location of the conditional use is in accordance with the objectives of the zoning plan as set forth in Article 1 Chapter 14.02; c. Whether the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity; and d. Whether the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of this chapter; or ii. Disapprove the petition and abandon the proceedings thereon. Denial by the commission shall be final; however, the applicant may appeal to the council. Such appeal shall be filed in writing with the city clerk within five days after the commission action. 17. Council action. At the time and place set for the council hearing, notice of such hearing to be as provided in Section 14.80.030, the council shall review the tentative plan for the planned unit development. The council shall consider the report of the commission and may accept, modify, or reject any recommendation of the commission. If the tentative plan for the cluster permit is approved by the council, it shall continue the hearing to a date certain and refer the matter to the commission for a report with recommendations for final detailed architecture and site approval and recommendations regarding the commencement and completion dates. 18. Granting cluster permits. A PUD/R1 Cluster permit may be granted by the commission and council when development under such a permit would be consistent with the intent and requirements of this section. A cluster permit shall exempt the property from regulations otherwise applicable thereto only to the extent specified by the commission in its resolution recommending that the permit be granted. 19. Submission to the council. All dedications of open space, development rights, and public areas shall accompany the final development plan upon submission to the council. 20. Issuance of building permits. No building permit shall be issued until the cluster permit is issued and a final subdivision map, including the lot on which the building permit is desired, is approved and recorded. No building permit shall be issued unless the building permit is in accordance with the development plan which accompanied the application for the cluster permit. 21. Subsequent subdivisions. Once a cluster permit is granted, an applicant need not secure another cluster permit for the property so long as the cluster permit has not expired or been revoked, whether a subdivision map has been approved or not. 22. Changes after the issuance of permits. In the event the applicant shall desire to make any change, alteration, amendment, or extension in such residential development after a cluster permit has been granted by the commission https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 6/8 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library and council, a written request shall be submitted to the commission and council. If, in the opinion of the commission and council, a requested change is sufficiently substantial to so warrant, the commission and council shall require the submission of an amended application for a cluster permit. 23. Inspections of progress and compliance with approved plans. From time to time, the actual development accomplished shall be compared with the approved development plan by the building and planning department, and a report on the findings shall be made to the commission. 24. Revocation. If it shall appear to the commission or council at any time after the issuance of a cluster permit for such residential development that any condition of such permit has not been or is not being complied with, the commission and council may initiate proceedings to revoke such cluster permit. The cluster permit shall be deemed automatically revoked if the use for which the permit was granted has either not been established within one year after the granting of the permit, or has ceased, or has been suspended for a period of twelve (12) consecutive months. (Prior code § 10-2.2420) 14.62.210 - Senior citizen housing regulations (PUDISC). A. Purpose. The purpose of the PUD/SC District is to provide opportunity for the development of housing for persons sixty-two (62) years of age or older, or fifty-five (55) years of age or older if the senior housing project includes a minimum of thirty-five (35) units, under the auspices, ownership, and/or management of a responsible and competent organization. To assure the continued use of the project for this purpose, the developer shall be required to enter into an agreement with the city. B. Location. A PUD/SC project may be permitted only at locations designated in the Los Altos General Plan for senior citizen housing projects. C. Required conditions. The following conditions shall be required: 1. Age restriction. At least one resident of each unit shall be sixty-two (62) years of age or older, or fifty-five (55) years of age or older if the senior housing project includes a minimum of thirty-five (35) units. 2. Project amenities. In order to create a desirable living environment, the project shall provide a variety of common facilities consistent with the scale of development, such as a dining room, indoor and outdoor recreation areas, lounges, and meeting rooms. Medical care facilities are also permitted. 3. Unit size. In order to provide the senior housing public with a choice of housing relative to family size and economic and social needs, the project shall provide a mix of unit sizes as approved by the planning commission and city council. Although a maximum unit size is not stipulated, it is not the intent of the PUD/SC zone to provide housing comparable in size with detached single-family homes. 4. General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development. 5. Sites for screening of refuse collection. Every development will be required to provide suitable space for solid waste separation, collection, and storage, and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights -of -way. 6. Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if: (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities; or (ii) the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties. 7. Maintenance of common areas, landscaping, improvements, and facilities. Maintenance of all common areas, landscaping, improvements or facilities required by this section or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. 8. Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed standards as set forth in of this title. In order to attenuate noise associated with a senior housing development, walls exceeding six feet in height may be required. Other conditions may be applied such as, but not limited to, muffling of exterior air-conditioning facilities. D. Development standards. The following standards shall apply in the PUD/SC District: 1. Density. The maximum density shall be as designated in the Los Altos General Plan for the specific site. 2. Setbacks, floor area ratio, and coverage. Setbacks, floor area ratio, and coverage shall be established by the planning commission and city council upon review of a project proposed by an applicant and shall be consistent with the objectives of the zoning plan stated in Article 1 of Chapter 14,02. It is intended that at the perimeter of the project, the minimum setback requirements of adjoining residential zoning districts, or similar setbacks, will be observed. 3. Height. No structure shall exceed two stories or twenty-seven (27) feet in height, whichever is the lesser. The daylight plane principle used in connection with single-family residential developments shall be observed in order to assure that the height and bulk of structures will not create an adverse impact on surrounding properties. 4. Parking. Sufficient parking facilities shall be provided on -site to meet the parking needs of the project, including parking for residents, employees, and visitors. The developer shall be required to retain the services of a traffic engineering consultant (to be selected by and contracted through the city) for the purpose of determining the parking needs of the proposal project and the traffic impacts. The consultant's research shall include studies of the parking needs of similarly operated senior housing facilities in the region, taking into account the number of units, the size of the units, services provided, size of staff, overlapping shifts, visitor parking needs, and the proximity of the project to shopping and public transportation. The planning commission and city council will use the study results to determine the number of parking spaces to be required for the project. 5. Landscaping. Landscaping shall be provided for the protection and comfort of those persons living adjacent to and within https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 7/8 3/2/2018 Chapter 14.62 - PUD PLANNED UNIT DEVELOPMENTS I Code of Ordinances I Los Altos, CA I Municode Library the project as well as for the environmental protection of the community. The landscaping shall be designed to provide privacy and/or buffering for adjacent neighbors and passersby. E. Design control. 1. No structure shall be built or altered, including exterior changes in color, materials, and signage, except upon approval of the city planner for minor changes and architectural and site approval to be obtained as prescribed in Chapter 14.78 of this title for major changes. 2. When the location of a senior housing project is within the context of a residential neighborhood, such as Hawthorne Avenue and Eleanor Avenue, elements of design shall retain the low -profile residential appearance, and surface materials shall only be those which are in keeping with the traditional materials of the neighborhood. 3. When the location is within the context of a larger region, such as San Antonio Road and Edith Avenue or San Antonio Road and Chester Circle, a mixture of scales may be appropriate with some elements scaled for appreciation from the street and moving automobiles and others for appreciation by pedestrians. 4. The proportions of building elements, especially those at ground level, shall be kept close to human scale by using recesses, courtyards, entries, or outdoor spaces. 5. The proportions of building elements at a multifamily residential/single-family residential interface shall be designed to avoid unreasonable interference with views and privacy of the adjoining neighbors. 6. Rooftop mechanical equipment must be within the height limit and screened architecturally from public view. F. Procedures for development plan approval. The procedure for approval of a PUD/SC project shall be in accordance with the provisions outlined in Sections 14.62.130 through14.62.150 of this chapter. The requirement for a two-phase review of preliminary plans and final plans may be waived at the discretion of the city planner (Ord. 05-276 § 1; prior code § 10-2.2421) https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.62PUPLUNDE 8/8 EXHIBIT 19 City of Campbell - Condominium Planned Development District This Page Intentionally Left Blank 3/23/2018 21.12.020 - C-PD (Condominium Planned Development) zoning district. I Code of Ordinances 1 Campbell, CA I Municode Library 21.12.020 C-PD (Condominium Planned Development) zoning district. A. Purpose. The C-PD zoning district is established to provide for the construction of new residential, commercial, and industrial condominiums. This zoning district also provides for the conversion of existing multiple -family rental housing units into condominiums, community apartments, stock cooperatives, and any other subdivision that is a conversion of existing rental housing. This district also provides for the conversion of existing commercial and industrial structures to commercial and industrial condominiums. B. General Plan. The C-PD zoning district is consistent with the underlying land use designation of the General Plan. C. Allowable uses in the C-PD zoning district. Subject to the approval of a planned development permit, in compliance with subsection E of this section, the following uses may be allowed in the C- PD (Condominium Planned Development) zoning district: 1. The construction of new residential, commercial, and industrial condominiums; 2. The conversion of existing multiple -family rental housing units into condominiums, community apartments, stock cooperatives, and any other subdivision which is a conversion of existing rental housing; and 3. The conversion of existing commercial and industrial structures to commercial and industrial condominiums. D. Restrictions. The C-PD zoning district is the only zoning district in which the construction of new condominiums, or the conversion of existing residential, commercial, or industrial structures to condominiums, is allowed. The following uses are prohibited: 1. Any use inconsistent with state or federal law. 2. Payday lender. 3. Massage Establishments. E. Reference to the P-D zoning district. A project in the C-PD zoning district is subject to the planned development permit procedures identified in this chapter for the P-D (Planned Development) zoning district, Section 21.12.030(G)(2) (Planned development permit required). F. Standards for conversion. Any conversion proposed in compliance with this chapter shall: 1. Conform to all applicable city codes for the construction of a new condominium unit. Documentation and inspection, satisfactory to the building official, community development director, fire chief, and public works director, shall be provided by the applicant/developer, which shall detail the current condition of the subject property; 2. Include detailed information pertaining to the condition of the appliances, ceilings, electrical, fire protection devices, foundations, landscaping, mechanical equipment, parking facilities, plumbing, recreational facilities, utilities, walls, and windows; 3. Include a utility plan indicating how utility metering will be accomplished and a sound transmission plan indicating how the structure(s) will be brought up to applicable sound transmission standards. G. Notification of conversion. The applicant/owner of a proposed conversion project shall: 1. Provide the community development director with a current list of the names and addresses of each person residing in an existing structure proposed for conversion so that they shall be properly notified of the pending conversion. 2. Comply with all applicable state requirements as they pertain to the notification of tenants of a proposed conversion. H. Open space required for condominiums. For each residential condominium, community apartment, or stock cooperative unit, an area of not less than five hundred square feet shall be provided for open space/recreation purposes. Such area shall be in addition to the required open space between buildings and any street property line. It shall be specifically designed for open space/recreational use, whether active or passive, and shall not be occupied by driveways, parking spaces, or walkways between buildings. Of the five hundred square feet of open space/recreation area, at least three hundred square feet shall be provided for common use of each dwelling unit, fifty percent of which shall be located in one area of the site. This requirement shall apply to new condominiums as well as to the conversion of existing multiple -family rental units. (Ord. 2108 § 1(part), 2008; Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004). https://library.municode.com/ca/campbell/codes/code_of_ordinances?nodeld=TIT21 ZO_ART2ZODI_C H21.12SPPUDI_21.12.02000P LDEZODI 1/2 3/23/2018 21.12.020 - C-PD (Condominium Planned Development) zoning district. 1 Code of Ordinances Campbell, CA 1 Municode Library (Ord. No. 2196, § 8, 2-2-2016; Ord. No. 2199, § 10, 4-5-2016) https://library.municode.com/ca/campbell/codes/code_of_ordinances?nodeld=TIT21 ZO_ART2ZODI_CH21.12SPPUDI_21.12.02000PLDEZODI 2/2 EXHIBIT 20 City of Campbell - Planned Development District This Page Intentionally Left Blank 2/22/2018 21.12.030 - P-D (Planned Development) zoning district. I Code of Ordinances I Campbell, CA I Municode Library 21.12.030 - P=D (Planned Development) zoning district. A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not available in other zoning districts so as to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. The zoning district allows within its boundaries a use or development, or a combination of uses or types of uses or types of developments that is (are) determined to be in conformance with the underlying land use designation of the General Plan. It is not the intent of the P-D zoning district to allow more residential units than would normally be allowed by other residential zoning districts which are deemed consistent with the General Plan. B. General Plan. The P-D zoning district is consistent with the underlying land use designation of the General Plan. C. San Tomas area. San Tomas area neighborhood plan policies are incorporated herein by reference. The San Tomas neighborhood area plan policies shall only apply to properties within the boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas area is maintained at the community development department. In the case of conflict between the San Tomas area neighborhood plan policies and requirements contained in this chapter, the policies of the San Tomas area neighborhood plan shall prevail. D. Allowable uses in the P-D zoning district. Any use or development that is determined to be consistent with the General Plan of the city may be approved in the planned development zoning district, subject to the criteria established in subsection (G)(6) of this section. Development plans shall be approved either through an administrative planned development permit, in compliance with subsection (G)(1) of this section, or by City Council resolution or ordinance, in compliance with subsection (G)(9) of this section. In order to aid the City Council in adoption of a resolution or ordinance, the planning commission shall also hold a public hearing and shall transmit its findings and recommendations by resolution to the City Council. Establishment of a liquor establishments or a liquor store shall require approval of a conditional use permit pursuant to the requirements of Chapter 21.46, (Conditional Use Permits). E. Design guidelines. In its review of development projects, the decision -making body shall take into consideration any relevant design guidelines that have been adopted by the city. F. Prohibited uses in the P-D (Planned Development) zoning district. The following uses are prohibited: 1 Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 2. Payday lender. 3. Massage Establishments. 4. Any use inconsistent with state or federal law. G. Establishing the P-D zoning district. 1 Unless initiated by the city, an application for a zone change to a P-D zoning district for a specific parcel or area shall include a development plan. 2. The city may initiate a zone change to a P-D zoning district for a specific parcel or area, without providing a development plan, when the purpose of the zone change is determined to serve the best interests of the city. H. Permit required. Unless otherwise specified in this chapter, no use or structure shall be constructed, created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning district unless and until a planned development permit or an administrative planned development permit has been approved. An administrative planned development permit shall be processed through the administrative decision process as prescribed inChapter 21.71, (Administrative Decision Process). An application for an administrative planned development permit shall be filed with the community development department in compliance with hapter 21.38, (Application Filing, Processing and Fees). The application shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and elevations and any other data/materials identified in the community development department application for an administrative planned development permit. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is the responsibility of the applicant to establish the findings required by this section. The decision by the community development director may be appealed as prescribed in Chapter , (Appeals). 1. Administrative planned development permit required. An administrative planned development https://library.municode.com/ca/campbell/codes/code_of ordinances?nodeld=TIT21ZO_ART2ZODI_CH21.12SPPUDI_21.12.030PLDEZODI 1/4 2/22/2018 21.12.030 - P-D (Planned Development) zoning district. I Code of Ordinances I Campbell, CA I Municode Library permit approved by the community development director shall be required for the following: a. The establishment of a new use in an existing building when no development plans are required (excluding the establishment of a liquor establishment or liquor store that requires the approval of a conditional use permit); b. A new single-family home or an addition to a single-family home on an existing lot with only one single-family residence on the lot; c. Additions, remodels and facade improvements to commercial and industrial buildings. In the case of an addition, the addition shall be less than ten percent of the existing gross floor area or five thousand square feet, whichever is less. d. New and existing late -night activities pursuant to Section 21.58.040(B)(3) (Nonconforming uses). 2. Planned development permit required. A planned development permit reviewed by the planning commission and approved by the City Council shall be required for all projects that are not covered by the approval of an administrative planned development permit, as provided above. 3. Modification of a planned development permit. a. Minor modification. The community development director may approve a minor modification to a previously approved planned development permit when the change/modification does not add additional building square footage or substantially alter the design or specifications approved by the site plan. The community development director may request that a minor modification be reviewed by the planning commission. b. Major modification. A modification to a planned development permit that proposes to add additional square footage or substantially alter the design or specifications approved by the site plan shall be reviewed by the planning commission and approved by the City Council. 4 Application Filing and Contents. a. Application for a planned development permit or modification to a planned development permit shall be filed with the community development department. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution. b. The community development director shall prescribe the form of the application and data and information to be filed with the application. c. A development plan shall be required to accompany the application. d. If development is to be carried out in stages, each stage shall be shown on a master plan of development. e. The development plan shall: (1) Indicate the site location and planning of all structures and open spaces to show that the development will be compatible with the general plan and will aid in the harmonious development of the immediate area; (2) Include proposed structures with elevations which show appearance and materials of exterior walls, fences or walls used for screening or separation, design of ingress and egress, landscaping, and off-street parking and loading facilities; and (3) Include a development schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion. f. The planning commission or City Council may also require other information that it considers necessary to properly evaluate the project. 5. Consideration in Review of Applications. The community development director, the site and architectural review committee, the planning commission, and the City Council shall consider the following matters, in addition to others deemed necessary to determine if the project meets the criteria of this section, in their review of the application: a. Considerations relating to site circulation, traffic congestion, and traffic safety: (1) The effect of the site development plan on traffic conditions on abutting streets, (2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways, (3) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion, https://library.municode.com/ca/campbell/codes/code_of ordinances?nodeld=TIT21ZO_ART2ZODI_CH21.12SPPUDI_21.12.030PLDEZODI 2/4 2/22/2018 21.12.030 - P-D (Planned Development) zoning district. 1 Code of Ordinances 1 Campbell, CA 1 Municode Library (4) The location, arrangement, and dimensions of truck loading and unloading facilities, (5) The circulation patterns within the boundaries of the development, and (6) The surfacing and lighting of the off-street parking facilities; b. Considerations relating to landscaping: (1) The location, height, and material offences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development, (2) The planting of groundcover or other surfacing to prevent dust and erosion, and (3) The preservation of existing healthy trees; c. Considerations relating to structure and site lay -out: (1) Consideration of the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood, (2) Consideration of exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street, and (3) Consideration of the appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. 6. Approval Criteria. The review authority shall approve the application if it finds that all of the following criteria have been established: a. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification; b. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area; c. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property; and d. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole. 7. Additional Approval Criteria for Late Night Activities. Prior to approving an administrative planned development permit for any late -night activity, the reviewing authority shall first find all the following conditions, in addition to those findings identified in subsection (G)(6) of this section, are satisfied. a. Not Create a Nuisance. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors; b. Not Disturb the Neighborhood. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and c. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts specified that may be caused by the late -night establishment. 8. Action by the Site and Architectural Review Committee. The site and architectural review committee shall review all development plans (except those approved by the administrative planned development permit in compliance with subsection (G)(1) of this section) and shall make reports and recommendations on each application to the planning commission. 9. Action by the Planning Commission. a. The planning commission shall hold a public hearing on a planned development permit application. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings). b. Following close of the public hearing, the planning commission shall report its findings and recommendations to the City Council by resolution. c. The planning commission may recommend approval of the proposed development if it finds that all of the following criteria set forth in subsection (G)(6) of this section have been satisfied (with regard to the elements identified in subsection (G)(5) of this section). d. In recommending approval, the planning commission may also recommend conditions of approval as it deems reasonable and necessary under the circumstances to carry out the intent of this chapter and the general plan. e. The planning commission may also recommend time limits within which the conditions https://library.municode.com/ca/campbell/codeslcode_of ordinances?nodeld=TIT21ZO_ART2ZODI_CH21.12SPPUDI_21.12.030PLDEZODI 3/4 2/22/2018 21.12.030 - P-D (Planned Development) zoning district. I Code of Ordinances I Campbell, CA I Municode Library of approval shall be fulfilled and the proposed development started and completed. 10. Action by the City Council. a. Upon the receipt of the report of the planning commission, the city clerk shall set the matter for public hearing before the City Council. The hearing shall be noticed in compliance withChapter 2' , (Public Hearings). b. For projects that do not exceed the limitations specified in subsection (G)(9)(c) of this section, the City Council shall render its decision by resolution after conclusion of the public hearing. c. The City Council shall render its decision by ordinance after conclusion of the public hearing for the following types of projects: (1) The project is proposed for development on a site of more than two gross acres in total area; (2) The project consists of the construction of more than twenty thousand square feet of gross floor area; or (3) The project involves the construction of more than twenty residential units. d. The City Council shall render its decision after conclusion of the public hearing. The City Council shall approve the proposed development if it finds that all of the criteria set forth in subsection (G)(6) of this section have been satisfied with regard to the elements identified in subsection (G)(5) of this section. e. In approving the application, the City Council may require conditions as it deems reasonable, necessary, and appropriate to secure the purposes of this Zoning Code and the general plan, and may require guarantees and evidence that the conditions are being or will be complied with. f. The City Council may impose time limits within which the conditions shall be fulfilled and the proposed development started and completed. 11. Notification of decision. The secretary of the planning commission shall give written notification of the decision of the community development director and/or the planning commission, and the city clerk shall provide written notification of the City Council's decision to the applicant. In the case of approval, the notification shall include all conditions of approval. 12. Right of appeal. Any person aggrieved by the decision of the community development director and/or planning commission may appeal within ten days of the date of decision in compliance with Chapter 21.62, (Appeals). 13. Expiration, extension and reinstatement. a. Unless otherwise approved, within twenty-four months from the date approval is granted, a building permit shall be obtained or the approval shall be void. b. The decision -making body may extend the expiration date or reinstate an expired approval in conformance with Chapter 12.56, (Permit Implementation, Time Limits and Extensions). (Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004). (Ord. No. 2129, § 1, 6-1-2010; Ord. No. 2196, § 9, 2-2-2016; Ord. No. 2199, § 11, 4-5-2016) https://library.municode.com/ca/campbell/codes/code_of ordinances?nodeld=TIT21Z0 ART2ZODI_CH21.12SPPUDI_21.12.030PLDEZODI 4/4 EXHIBIT 21 City of Mountain View - Planned Community District This Page Intentionally Left Blank 2/22/2018 ARTICLE VII. - PLANNED COMMUNITY (P) DISTRICTS I Code of Ordinances I Mountain View, CAI Municode Library ARTICLE Vll. - PLANNED COMMUNITY (P) DISTRICTS SEC. 36.22. - Planned community (P) districts. SEC. 36.22.05. - Purpose. This district is designed to provide for those uses or combinations of uses which may be appropriately developed as a planned area development. It is intended to be applied only to those areas which by reason of their proximity to other zoning districts, topography, geographic location, size, shape or existing development, require special consideration in order to be properly integrated into the community and adjacent developed districts, and to further the planned circulation patterns, residential densities, planned coverage limitations, and in furtherance of the preservation of open spaces, as required by modern land planning and zoning concepts and techniques. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.22.10. - Permitted uses. Any use permitted in any other zoning district may be permitted in a P district, either alone or in combination with other uses, after it has first been determined that the area to be so zoned requires the special consideration herein mentioned. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.22.15. - Area requirements. Planned community zoning shall not be applied to an area which contains less than two (2) acres. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.22.20. - Height, area and yard requirements and regulations. None, except as may be imposed by the precise plan or as conditions upon the granting of a planned community permit. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.22.25. - Signs. All signs shall conform to the sign provisions of the applicable precise plan for the district. Such plan may require that proposed sign regulations approved in writing by a majority of the property owners of the district be submitted to the zoning administrator for approval. If such proposal is approved by the zoning administrator, all signs shall be required to conform to it. The sign standards applicable in a P district, whether or not consented to by property owners, may be amended from time to time by the city council, provided a reasonable amortization period is allowed for any existing signs which are thereby made nonconforming. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.22.30. - Permit required. A planned community permit shall be required except as specified inSection 36.22.35 prior to the development of any use within a P district, other than crop and tree farming. Said permit shall set forth with particularity the nature of each use to be permitted, and shall define the location and extent of each such permitted use by reference to a map or maps attached to said permit. The application for such permit may be considered concurrently with, or subsequent to, the consideration of P district zoning. hops://library.municode.com/ca/mountain_view/codes/code_of_ordinances?nodeld=PTIITHCO_CH36ZO_ARTVIIPLCOPDI 1/2 2/22/2018 ARTICLE VII. - PLANNED COMMUNITY (P) DISTRICTS I Code of Ordinances I Mountain View, CA 1 Municode Library (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.22.35. - Precise plan. The city may adopt a precise plan to delineate uses, relationships to other areas, intensity of use, circulation, design criteria, procedures for development review and special conditions. A precise plan may authorize issuance of a planned community permit by the zoning administrator as provided in Section 36.50.30, and may authorize administrative approval of signs, minor site changes and minor building alterations that are in conformity with the plan without the necessity of a planned community permit, provided in all cases the precise plan contains reasonable and adequate standards for the granting of such administrative approvals. a. The adoption or amendment of a precise plan may be initiated by the city council or the environmental planning commission or any interested party. Initiation by an interested party shall require payment of a filing fee as hereafter may be established by resolution of the city council, and the application shall be accompanied by materials supportive of the application and showing the exact nature of a proposed plan or amendment. Submitted materials should include statements justifying why the proper functioning of the community requires the adoption or amendment of the plan as proposed, and in the case of an amendment to a plan, why the plan is more suitable for the area than the existing plan. b. The environmental planning commission shall hold at least one (1) public hearing thereon and shall give notice thereof as provided in Section 36.56. The environmental planning commission shall within sixty (60) days after the close of such public hearing make its recommendation to the city council. c. The city council shall hold at least one (1) public hearing thereon after having given notice of such hearing as provided in Section 36.56 and may thereafter by resolution, adopt, amend or decline to adopt such precise plan. Any substantial amendment to the precise plan proposed by the environmental planning commission may be referred back to the environmental planning commission for comment. (Ord. No. 18.13, § 1, 12/10/13) https://library.municode.com/ca/mountain_view/codes/code_of ordinances?nodeld=PTIITHCo_CH36ZO_ARTVIIPLCOPDI 2/2 EXHIBIT 22 City of Mountain View - Planned Unit Developments This Page Intentionally Left Blank 2/22/2018 DIVISION 5. - PLANNED UNIT DEVELOPMENT PERMITS I Code of Ordinances I Mountain View, CA I Municode Library DIVISION 5. - PLANNED UNIT DEVELOPMENT PERMITS SEC. 36.46.70. - Planned unit development permits. SEC. 36.46.75. - Purpose. Planned unit development (PUD) permits afford maximum flexibility and diversity in site planning and structure heights while protecting the integrity and character of the residential, commercial and industrial areas of the city. The design, configuration and impact of the proposed PUD project shall be compared to the genera! plan, the purpose and standards of the applicable zone district and any other applicable standards and design guidelines. The PUD permit provides for comprehensive analysis of project -related impacts while allowing for nontraditional or unique site plan design, provided that the zoning administrator finds substantial compliance with the purpose and intent of this chapter. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.46.80. - Applicability. The planned unit development permit applies to all zoning districts except the planned community (P) zoning district. Planned unit development permits may be requested under the following circumstances: a. In any "M" zoning district where the minimum project area is ten (10) acres; b. In any "C" zoning district where the minimum project area is two (2) acres; c. In any R1, R2, R3 or R4 zoning district. The following types of development may be approved through a PUD process: 1. Flag lots in the R1 zone; 2. Other types of development in the R1 zone which include two (2) or more Tots that do not have the required frontage on a public street; 3. Residential developments (including, but not limited to, small -lot, single-family development, townhouses and rowhouses) in the R2, R3 and R4 zones; 4. Development projects in any R zone that meet the definition of a PUD and include deviations from setback standards of the zone district; or 5. Senior care facility in the R1, R2, R3 and R4 zones that warrant flexibility from zoning regulations. Facilities that comply with zoning do not require a PUD. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.46.85. - Special application requirements. In addition to the application requirement of this article, applications for a PUD permit shall include drawings or other illustrations and/or written descriptions that clearly indicate any departures from the development standards of the underlying zone district, explanations regarding why those departures enhance the project and explanations of how the proposed project contributes to the harmonious development of the community. Application materials shall also include a description of how the project achieves the purpose of the underlying zone district, even with the proposed departures from the development standards of the underlying zone. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.46.90. - Hearings and action. Upon receipt of a complete PUD permit application in proper form, the zoning administrator shall hold a duly noticed public hearing in accordance with Section 36.56 (Applications, Hearings and Appeals). To ensure effective implementation of general plan policies relating to design guidelines, each application for a PUD permit shall be reviewed by the development review committee. The development review committee shall forward a recommendation on the permit to the zoning administrator for consideration in reaching a final decision or recommendation. All applications shall be accompanied by an application for a subdivision as defined in https://library.municode.com/ca/mountain_view/codes/code_of ordinances?nodeld=PTIITHCO_CH36ZO_ARTXVIZOORAD_DIV5PLUNDEPE 1/2 2/22/2018 DIVISION 5. - PLANNED UNIT DEVELOPMENT PERMITS I Code of Ordinances I Mountain View, CAI Municode Library of the City Code. The review of the PUD permit application shall involve concurrent review of the application for subdivision and disapproval or continuation of one shall constitute disapproval or continuation of the other. For PUD permits involving fewer than five (5) lots, the zoning administrator has the authority to approve or disapprove the permit, subject to appeal to the city council. For PUD permits involving five (5) or more lots, the zoning administrator shall forward a recommendation to the city council, to be scheduled for city council review concurrently with consideration of the proposed subdivision. The city council shall have final authority to approve or disapprove the PUD permit. (Ord. No. 18.13, § 1, 12/10/13) SEC. 36.46.95. - Findings. Each PUD permit application shall be analyzed to ensure that the application is consistent with the purpose and intent of this chapter. Following the hearing, the zoning administrator or city council shall issue written findings upon which the decision is based. These findings shall be mailed to the applicant and property owner. The zoning administrator or city council may impose specific development conditions relating to both on- and off -site improvements that are necessary to mitigate project -related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The zoning administrator or city council may approve a PUD permit, if all of the following findings are made: a. The proposed land use(s) are allowed within the subject zoning district; b. The site is physically suitable for the type and intensity of the land use being proposed; c. The proposed project would be harmonious and compatible with existing and future developments within the zoning district and surrounding area; d. In the case of a proposed residential project, the development will constitute a residential environment of sustained desirability and stability and will result in an intensity of land utilization no higher than, and standards of open space no less than, permitted for a similar development within the zone district; e. The approval of the PUD permit for proposed project complies with the California Environmental Quality Act (CEQA); f. The proposed project is consistent with the general plan; g. The location, size, design and operating characteristics of the proposed project are not detrimental to the public interest, health, safety, convenience or welfare of the community; and h. The proposed project is in substantial compliance with the intent of requirements of the applicable zone district and implementation of the proposed harmonious and integrated PUD design is superior to standard development in the underlying zone and, therefore, justifies the exceptions to the requirements of this chapter. (Ord. No. 18.13, § 1, 12/10/13) https://library.municode.com/ca/mountain_view/codes/code_of ordinances?nodeld=PTIITHCO_CH36ZOARTXVIZOORAD_DIVSPLUNDEPE 2/2 EXHIBIT 23 City of Saratoga - General Plan Land Use Table This Page Intentionally Left Blank City of Saratoga Land Use Element Background Report/Goals, Policies, and Implementation Measures Table LU-1 Land Use LAND USE MAxiMUM DU/ACRE OR PEO- PLE PER ACRE MAXIMUM ALLOW- ABLE COVERAGE SUMMARY DESCRIPTION OF USE RESIDENTIAL LAND USES Residential Hillside Con- servation (RHC) 0.5 dwac or 1.55 people/acre 25% of site area, or 15,000 s.>y whichever is less Single-family dwellings Residential Very Low Density (RVLD) 1.09 du/ac or 3.38 people/acre 35% of site area Single-family dwellings Residential Low Density (RID) 2.18 du/net acre or 6.76 people/acre 45% of site area Single-family dwellings. Medium Density M-10 M-12.5 M-15 4.35 du/net acre or 13 5 people/acre 3.48 du/net acre or 10 8 people/acre 2.90 du/net acre or 9.0 people/acre Single-family dwellings. Residential Multi -Family (RMF) 14.5 du/ac or 27-24 people/acre 40% of site area Detached and attached single-family dwellings, condomini- urns, duplexes and apartments. Planned Development Residential (PDR) 4.35 -12.45 du/acre or 13.5 - 38.6 peo- pie/acre 25-35% of site area Mix of single-family and multi -family densities and housing types. COMMERCIAL LAND USES Commercial Retail (CR) ** 60% of net site area, except as regulated by an applicable specific plan. Commercial uses/centers serving community and/or neighborhood; not regional in orientation. Refer to Saratoga Village Specific Plan for uses, height and lot coverage permit - ted in Specific Plan area. Professional Office (PO) ** 30% of site area Professional offices uses permitted; serves as transition zone between commercial and residential areas. PUBLIC AND QUASI -PUBLIC FACILITIES LAND USES Community Facilities Sites (CFS) varies varies Public, civic and quasi -public (private institutional uses, in - eluding but not limited to, religious uses (churches, syna- gogues, religious schools and the novitiate), convalescent homes, private schools, the cemetery, the electrical substation, and the Odd Fellows Home. OPEN SPACE LAND USES Open Space — Outdoor Recreation (OS -OR) 1 du/ 4 acres N/A City or County parks or lands designated for those uses. Only recreational facilities (i.e. playground equipment, recreational courts, etc.), structures necessary to support the parks or struc- tures of particular historic value are permitted in these areas. These sites are considered to be of particular value for recrea- tional purposes. Open Space — Private (OS-P) N/A Consists of open space resources under private ownership (i.e. Saratoga Country Club Golf Course) Open Space — Managed Resources (OS -MR) N/A ' Consists primarily of orchard lands, water reservoirs and lands that are under Williamson Act Contract Only single-family dwell- ings or structures directly associated with agricultural use are Hillside Open Space (HOS) 1 du/20 acres to 1 du/160 acres (based on a slope density formula subject to stringent criteria) 25% or 12,000 square feet whichever is less _permitted. Covers all areas within Saratoga's Sphere of Influence (SOI) not designated as parks or OS -MR. Uses include agricultural, mineral extraction, parks and low intensity recreational facili- ties, land in its natural state, wildlife refuges and very low intensity residential development and support uses of those listed above. These criteria apply to the SOI portion of the General Plan Public Use Corridor (PUC) N/A N/A Applies to the railroad corridor and allows multi -use trails. • Overall Height Limit —No strut -tine permitted over two stories in height except for structures located within the Saratoga Village boundary (as defined by the Saratoga Village Area Plan, (1988) which shall be regulated by the "Village Plan") or for quasi -public uses, athree-story structure is allowed provided the slope underneath the three-story area is 10%ormore and a stepped pad is used. -• Mixed residenlialcommercial uses are permitted in all commercial lands, with a maximum of20 dwelling units per acre excluding density bonuses for very low-income, low-income, or senior housing. The residential portion shall not exceed 50%ofthe total floor area, (850 sq. a for a one -bedroom unit-1,250 sq. ftfor a two-bedroomunit), with an increase of l0%of the total floor area permitted for the site, for projects that provide below -market -rate housing. Total site coverage may also be increased by 10% for a project containing below market -rate housing. UNGO-MCCORMICK CONSULTING Jerry Haag, Urban Planner PAGE 16 This Page Intentionally Left Blank EXHIBIT 24 City of Los Altos - General Plan Land Use Table This Page Intentionally Left Blank R,AGFID (MN IRIEPAMV Table LU-1 Land Use Classification System Land Use DUs or FAR/Net Acre Summary Description of Maximum Anticipated 1 Land Use Designation Land Uses 1Residential Single Family Large Lot 2.0 1.8 Detached single-family homes on large lots. t Single Family Med. Lot 4.0 3.5 Detached single-family homes. Single Family Small Lot 10.0 5.6 Detached single-family homes on smaller Tots. Low Density Multi- Family 15.0 11.0-15.0 t1) Detached and attached single-family homes, condo - miniums, duplexes, and apartments. Senior Housing 28.0 21.0-28.0 (11 Detached and attached single-family homes, condo- miniums, duplexes, and apartments for seniors. Medium density Multi- Family 38.0 28.0-38.0 (1) Detached and attached single-family homes, condo - miniums, and apartments. Commercial Land Uses Neighborhood Commercial Retail uses serving the needs of nearby neighbor - hoods. Specified areas may also include general busi- ness, medical, or professional office uses. Residential development is allowed by right at Foothill Plaza. Foothill Plaza 1.5:1 (2.0:1 w/ residential?) 0.35:1 All other locations 0.5:1 0.35:1 Downtown Commercial General retail uses and service, commercial recrea- tional, cultural, and office uses that serve local resi- dents. Higher density residential uses that enhance the village character of the Downtown are also allowed by right in the Core and Periphery areas. Such uses may be allowed elsewhere, subject to Use Permit approval. Downtown Core 1.0:1 (2.0:1 w/ residential)�1 1.0:1 Downtown Periphery 1.0:1 (2.0:1 w/ residential?) 0.8:1 Thoroughfare Commercial Retail, service, and small office uses that typically rely on vehicle traffic and serve the city and/or regional market. Permits mixed use development and afford- able residential opportunities along El Camino Real Corridor. El Camino Real Corridor 0.5:1 office (1.5:1 w/ mixed use)121 0.8:1 Public/Quasi-Public Facilities Land Uses Public School Land 0.6:1 0.3:1 Land owned by public school districts and used for edu- cation, recreation, administration, or other non- commercial, non-residential, or non -industrial purposes. Private School Land 1.0:1 0.3:1 Land owned by private or parochial schools and used for education, recreation, administration, or other non- commercial, non-commercial, non-residential, or non- industrial purposes. Public and Institutional 0.6:1 0.35:1 Governmental, institutional, academic, group resi- dence, church, community service uses, easements, rights -of -way, facilities of public and private utilities, and parking. Open Space Land Uses Parks 0.4:1 0.1:1 Publicly owned and dedicated parkland. Other Open Space 0.6:1 NA Open space for the preservation of natural resources, managed production of resources, outdoor recreation, and protection of health and public safety. Planned Community Uses Planned Community varies varies Various single-family and senior residential densities and housing types, as well as community facilities, pri- vate schools, recreational areas, religious facilities, educational or philanthropic institutions, public utilities and services, hospitals, and open space areas. (1) The average density for multi -family categories is 75% to 100% of the maximum density since projects are required to construct between 75% and 100% of the maximum density unless the project will negatively impact the community. (2) See qualifications and special provisions in the Special Planning Areas section of the Land Use Plan. doz Lagttm G soDart�0 Pfram 2 0 0 2-z2© © HIcpws a bar? t o n g This Page Intentionally Left Blank EXHIBIT 25 City of Los Altos - Open Space Requirements in Commercial Thoroughfare District This Page Intentionally Left Blank 3/2/2018 Chapter 14.50 - CT COMMERCIAL THOROUGHFARE DISTRICT* 1 Code of Ordinances 1 Los Altos, CA 1 Municode Library 14.50.150 - Open space (CT). All multiple -family residential projects, including mixed -use projects with multiple -family dwelling units, except duplexes, shall provide permanently maintained outdoor open space, subject to the following requirements: A. Although not required for each dwelling unit, an average of fifty (50) square feet of private open space shall be provided for the total number of dwelling units within a project. B. Any private open space provided shall be at the same level and immediately accessible from the unit it serves. The provision of private open space shall not reduce the common open space requirements of this section. C. Depending on the number of dwelling units in a multiple -family project, common open space shall be provided to meet the following criteria: 1. Two to ten (10) units: a minimum of eight hundred (800) square feet of common open space shall be provided. 2. Eleven (11) to twenty-five (25) units: a minimum of one thousand six hundred (1,600) square feet of common open space shall be provided. 3. Twenty-six (26) to fifty (50) units: a minimum of two thousand four hundred (2,400) square feet of common open space shall be provided. 4. Fifty-one (51) or more units: a minimum of three thousand two hundred (3,200) square feet of common open space shall be provided. D. Common open space areas: 1. Shall be designed to be easily accessible and shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of the project; 2. Shall be provided as continuous, usable site elements of sufficient size to be usable by residents that may be within the rear yard setback; 3. Shall not include driveways, public or private streets, or utility easements where the ground surface cannot be used appropriately for open space. 4. Common open space areas shall be surfaced with any practical combination of landscaping, paving, decking, concrete, or other serviceable material with no more than fifty (50) percent of the area at grade level covered with a non -permeable surface. E. Required common open space shall be controlled and permanently maintained by the owner of the property or by a homeowners' association. Provisions for control and maintenance shall be included in any property covenants of common interest developments. (Ord. No. 2017-436 , § 1, 10-10-2017) Editor's note— Ord. No. 2017-436 § 1, adopted October 10, 2017, enacted new provisions set out as §§ 14.50.150, 14.50.160, and 14.50.180, and subsequently renumbered former §§ 14.50.15i. through 14.50.180 as 14.50.170 and 14.50.190 through 14.50.210. Historical notation to the former sections have been retained for reference purposes. https://library.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.50CTCOTHDI 1/1 This Page Intentionally Left Blank EXHIBIT 26 City of Los Altos - Exceptions for Public Benefits Excerpt This Page Intentionally Left Blank 3/2/2018 Chapter 14.48 - CRS COMMERCIAL RETAIL SALES DISTRICT* I Code of Ordinances I Los Altos, CA I Municode Library 14.48.180 - Exceptions for public benefit (CRS). A. To implement the downtown design plan, minor exceptions from the provisions of this chapter may be granted in the context of the project's benefit relative to its location. Since these are not required by law, they are to be allowed at the complete discretion of the city, provided the following findings are made: 1. The benefits to the downtown will be significant; 2. The benefits to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer; 3. The project and mitigation will result in a public benefit to the downtown; and 4. The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown design plan. B. For the purposes of this chapter, such exceptions may include, but are not limited to, setbacks, height of structure, height of the first floor, on -site parking, and other zoning regulations. "Height of structure" shall only apply to building height exceptions that support the project's architectural integrity. C. For the purposes of this section, significant public benefits identified in the downtown design plan, include, but are not limited to, projects that accomplish the following: 1. Provide for additional public parking, beyond minimum code requirement project needs; 2. Provide additional public outdoor plazas and gathering and eating spaces, visible from the public right-of-way, to enhance the ambiance of the downtown; 3. Create prominent, recognizable, entry points into the downtown area; 4. Preserve the historic character of downtown by renovating existing historic buildings; 5. Create strong pedestrian linkages to the Civic Center and residential areas adjacent to downtown; and 6. Develop pedestrian walkways or "paseo" passage ways where they are needed, to better link rear parking plazas to the businesses along State and Main Streets. (Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10- 2.1919) (Ord. No. 10-348, § 5, 4-13-2010; Ord. No. 2012-388, § 1, 11-13-2012) https:/Aibrary.municode.com/ca/los_altos/codes/code_of ordinances?nodeld=TIT14ZO_CH14.48CRCORESADI 1/1 This Page Intentionally Left Blank EXHIBIT 27 City of Mountain View - San Antonio Precise Plan Excerpt This Page Intentionally Left Blank B. SUBAREA INTENSITY AND HEIGHT STANDARDS Mixed Use Corridor Subarea This subarea covers the majority of the Plan Area outside the Mixed Use Center subarea. A combination of vertical and horizontal mixed -use development is envisioned in this area. This would include both residential and office mixed -use with ground -floor retail in required active space locations. In both subareas, office development will need to comply with the development phasing requirements identified in Chapters 2. Retail in this subarea is focused on more neighborhood -serving uses since it abuts existing residential neighborhoods. The intensity and height standards below apply to all projects in the Mixed Use Corridor subarea. Applicants shall use the base intensity and height standards below, unless a Tier 1 development is requested according to the standards below and the administrative process described in Chapter 5. intensity and Height Standards The Mixed Use Corridor subarea allows lower -intensity mixed -use and residential development. It serves as a buffer between the more intensive Mixed Use Center subarea and the existing residential neighborhoods surrounding the Plan Area. Table 4-3 provides the details of the following intensity and height standards. Base Floor Area Ratio (FAR). To build to the Base FAR, a proposal shall meet the development standards identified in Table 4-3. Public benefits are not required. Tier 1 FAR. If a development proposes higher FAR and heights (as identified in Table 4-3), the Tier 1 process will be required, including an agreement specifying required public benefit contributions. Exemptions from FAR calculations. Floor area for existing small businesses preserved as part of a new development or relocated small businesses, is exempt from FAR calculations at the discretion of the Zoning Administrator and/or City Council. This exemption applies to: Up to 7,500 square feet of building area for one or more qualifying businesses, such as nonprofit organizations; other cultural/public services providers; and existing neighborhood - serving retail businesses, providing goods and services to residents in the surrounding area and generally excluding businesses with multiple regional, statewide and/or national locations. An agreement or similar notice of development re- striction shall be recorded on the property deed to identify the approved FAR exemption and reserva- tion of FAR exempt space for qualified small busi- nesses. Flexible FAR. FAR can be calculated cumulatively across multiple, adjacent parcels that comprise one project site at the discretion of the Zoning Administrator and/or City Council as part of a major redevelopment and/or Master Plan application, and as long as other Plan standards and guidelines are addressed. Dedications for circulation improvements. New development may be required to provide dedications and/or easements deemed necessary for circulation. Public right-of-way improvements, new paths, or other circulation improvements, and utility easements will not be deducted from the site's gross lot area for the purposes of calculating FAR. Open Area Standards • Common usable open space (residential). Residential projects shall provide a minimum of 175 square feet of common usable open space per residential unit. See Section D for more information. Minimum open area/landscaping: Non-residential: 15% Mixed-Use/Residential/Hotel: 40% Consolidate spaces. Open area shall be consolidated in usable setback and open space areas wherever feasible. San Antonio Precise Plan Conceptual drawing illustrating land use, building design, and streetscape concepts found in the Mixed Use Corridor subarea standards. TABLE 4-3 Mixed Use Corridor Intensity and Height Standards INTENSITY TYPE Base Tier 1 MAXIMUM FLOOR AREA 1.35 Up to 0.50 can be office or commercial 1.85 FAR Up to 0.50 FAR can be office or commercial MAXIMUM STORIES 3 stories 4 stories' MAXIMUM BUILDING HEIGHT 45 feet 55 feet' PUBLIC BENEFITS REQUIREMENT No public benefit contribution required. Public benefit contribution required. i. Up to 5 stories (65 feet) will be considered on a case -by -case basis if project provides significant public benefits or major open space improvements per Figure 4-2. Additional height (in feet) may be allowed if needed to accommodate commercial uses. Chapter 4 I Development Standards & Guidelines 75 Mixed Use Center Subarea This subarea covers the central portion of the Plan Area (see Figure 4-2), and is generally bounded by San Antonio Road to the west, California Street to the north and El Camino Real and Latham Street to the south. This area prioritizes regional retail, "big - box" or "mid -box," uses and mixed -used residential development with active ground floor uses and character. In the future, residential development may occur above regional retail uses, and there is particular focus for mixed -use residential development in the northeast corner of the existing San Antonio Center, where mixed -use residential development will help create an active pedestrian corridor. The intensity and height standards below apply to all projects in the Mixed Use Center subarea. Applicants shall use the base intensity and height standards below, unless a Tier 1 development is requested according to the standards below and the administrative process described in Chapter 5. Intensity and Height Standards The Mixed Use Center subarea is the primary location in the Plan for taller, mixed -use development. These higher intensities and building heights help support development of the open space amenities, circulation improvements and goods and services planned for the subarea. The Plan uses frontage setbacks and upper floor step back standards to preserve the pedestrian scale. Table 4-4 provides the details of the following intensity and height standards. Base Floor Area Ratio (FAR). To build to the Base FAR, a proposal shall meet the development standards identified in Table 4-4. Public benefits are not required. Tier 1 FAR. If a development proposes higher FAR and heights (as identified in Table 4-4), the Tier 1 process will be required, including an agreement specifying required public benefit contributions. Exemptions from FAR calculations. Floor area for existing small businesses preserved as part of a new development or relocated small businesses is exempt from FAR calculations at the discretion of the Zoning Administrator and/or City Council. This exemption applies to: Up to 7,500 square feet of building area for one or more qualifying businesses, such as nonprofit organizations; other cultural/public services providers; and existing neighborhood -serving retail businesses, providing goods and services to residents in the surrounding area and generally excluding businesses with multiple regional, statewide and/or national locations. An agreement or similar notice of development re- striction shall be recorded on the property deed to identify the approved FAR exemption and reserva- tion of FAR exempt space for qualified small busi- nesses. Flexible FAR. FAR can be calculated cumulatively across multiple, adjacent parcels that comprise one project site, at the discretion of the Zoning Administrator and/or City Council as part of a major redevelopment and/or Master Plan application, and as long as other Plan standards and guidelines are addressed. Special building height standards. Per Table 4-5, upper floors on new development along open space and greenways are required to step back to provide sunlight to the open space and avoid a canyon effect. Building walls on upper floors shall have voids and podium open space areas facing the public open spaces and greenways. Buildings of 6 stories or greater are required to provide significant public benefits specified in Chapter 5, prior to approval. Dedications for circulation improvements. New development may be required to dedicate street easements for public right-of-way improvements. These easements shall be part of the site's gross lot area for the purposes of calculating FAR. Open Space Standards r Common usable open space (residential). Residential projects shall provide a minimum of 175 square feet of common usable open area per residential unit. See Section D for more information. Minimum usable open space/landscaping. A minimum of 15 percent of the total parcel area is required to be open space; it shall be consolidated in major, publicly -accessible locations. Exclusions. The following are not included in the minimum requirement: Streetscape/landscaping and amenity areas, including individual entry plazas or other open spaces for office and mixed -use buildings, or private common open space for residential uses. San Antonio Precise Plan Conceptual drawing illustrating land use, building design and streetscape concepts found in the Mixed Use Center subarea standards. TABLE 4-4 Mixed Use Center Intensity and Height Standards INTENSITY TYPE .. Base Tied MAXIMUM FLOOR AREA 0.35 FAR or an addition of less than 20% of existing square footage on a parcel at the time of Plan adoption, whichever is less. 2.35 FAR Up to 0.75 FAR can be office or commercial MAXIMUM STORIES 2 6' MAXIMUM BUILDING HEIGHT 35 75 feet' PUBLIC BENEFITS REQUIREMENT No public benefit contribution required. Public benefit contribution required. 1. Up to 8 stories (95 feet) will be considered on a case -by -case basis for a project with significant public benefits. Additional height (in feet) may be allowed if needed to accommodate commercial uses. Chapter 4 1 Development Standards & Guidelines Plan and subsequent Planned Community Permit demonstrates conformance with the purpose and intent of the Precise Plan, including but not limited to provision of open space and circulation improvements, superior building siting and architectural design, and neighborhood transitions; 2) the overall FAR of the Master Plan does not exceed the allowable FAR of the combined subject parcels; and 3) the maximum allowable building heights are not exceeded. Administrative Process The Master Plan shall be reviewed by the Environmental Planning Commission, who will forward a recommendation to the City Council for final action. Planned Community Permits submitted under an approved Master Plan shall be generally consistent with the Plan's permitting processes. Planned Community Permits for up to "Base FAR" development may be reviewed and approved by the Zoning Administrator. "Tier 1" development may be reviewed by the Zoning Administrator, who will forward a recommendation to the City Council for final action. Projects deemed complete prior to Plan adoption are exempt from the Master Plan process and standards. Transfer of Development Rights for Public Schools The Plan allows some transfer of development rights (TDR) to support Plan policies encouraging creative partnering solutions for development of a public school to meet the needs of the PlanArea.This section outlines the process for consideration of any TDR proposal. Conditions for Application TDR is a voluntary process. A property owner may submit a TDR application only if they have partnered with the School District to develop a public school in the Plan Area. The TDR process may allow a transfer of FAR within a single contiguous project site to transfer FAR from a property provided for a public school ("sending site") to a different property in the Plan Area ("receiving site"). Administrative Process A proposal for a transfer of development rights will require submittal of a gatekeeper application for a Precise Plan Amendment to evaluate and define the locations and standards for the proposed TDR, including the amount of transferable FAR. Public Benefits Program Public benefits refer to development contributions made by property owners or developers to provide benefit to the Plan Area in exchange for approval to develop additional intensity. The Plan defines "Base" FAR for each subarea in Chapter 4. Any development above the Base FAR shall provide public improvements and/or equivalent resources to improve quality of life in the Plan Area or city and to help implement the Plan. This exchange is voluntary for the applicant and the City. The following sections identify public benefits expectations, priorities and other strategies. Public Benefit Requirements ■ Agreement required. Any developer taking part in the Public Benefits Program will be required to enter into a binding agreement with the City to specify the public benefit(s) that will be provided in exchange for the higher development intensity that is requested. The City will negotiate the terms of the Agreement, including the period during which the development entitlement will be available to the developer and public benefits that will be provided by the developer. A developer may elect to negotiate this agreement in the form of a Development Agreement as defined in the Zoning Ordinance. • Public benefit value. Tier 1 development projects shall provide public benefits, with incremental value proportional to the proposed development intensity (e.g. building square footage) above Base FAR. Public benefit value shall not be required for aboveground parking structures in the Mixed Use Center subarea or underground parking. The per square foot value will be updated periodically by the City, consistent with CPI, or if necessary to address market changes, based on maintaining a reasonable development return for a range of parcel and project sizes as well as consideration of whether overall development costs remain competitive with nearby communities (taking into account comparable development and existing fees). • Cost increases. If the costs of providing agreed - upon public benefits increase after entitlement, the public benefit package will still be required. implementation, Financing & Adminstration Public Benefits List The public benefits in Table 5-1 were determined through the Plan process. Other benefits may be determined in the future or may be identified during the development review process based on local, Plan Area needs. The City will maintain a prioritized list of public benefits. In general, public benefits should be provided within or accessible from the Plan Area. Project applicants may elect to directly construct or provide the benefits in Table 5-1, if they can demonstrate to the satisfaction of the City that the value of the public benefit is equivalent to the value identified above. Provision or construction of benefits is preferred. However, the City will have the discretion to accept a monetary contribution to construct the benefit or improvement. Examples listed in Table 5-1 are not intended to limit the City's discretion to determine the appropriate public benefit value required in exchange for increased intensity. Public Access and Utility Easements The Plan relies on increased sidewalk widths and planter areas, new and improved bicycle facilities and new connections through large blocks to achieve the Plan's envisioned urban design, pedestrian environment and overall connectivity conditions. These improvements are necessary to accommodate the increased pedestrian and bicycle activity resulting from development, since existing improvements are often narrow, discontinuous and do not provide adequate buffer or integration with the roadway system. New connections are necessary to reduce travel distances and provide more direct connections between Plan Area destinations and from surrounding areas to Plan Area destinations. These improvements will result in a smaller network of blocks that is more consistent with standard City blocks. New development will also require new, onsite infrastructure to provide public utility services to future users. The following are requirements for easements, improvements related to new sidewalk widths and bicycle facilities, new connections through sites, and utility infrastructure: • Public sidewalk widening, bicycle facilities and easements. Proposed public street design, including sidewalk widths and bicycle facilities are identified in Chapter 3. Where existing public street frontages do not meet these standards, public access easements will be required from private property owners to provide compliant improvements to support the Plan Area's pedestrian activity. The necessary easement widths will vary based on street frontage and current property line locations. These easements and improvements will be re- quired with the following permit types: Major Planned Community Permits — Minor Planned Community Permits involving site plan changes, parking reconfiguration, or demolition of all or portions of structures along public street frontages. These easements and/or widening improvements may be required with the following permit types, based on the cost, extent, or intensity of the project as determined through the development review process: — Minor Planned Community Permits, not involving improvements along public streets Provisional Use Permits For purposes of illustration, projects may include but are not limited to: facade remodels, changes in use of a major tenant or parking reductions (Section 36.32.65 of the Zoning Ordinance). When require- ments for sidewalk improvements are determined by the City to be unreasonable based on project scope, an irrevocable offer of dedication may be required so improvements can be built in the future. If the project site has existing, non -conforming struc- tures, public utilities or heritage trees within the re- quired easement or improvement areas, the Zoning Administrator will determine the dimensions of the easement and improvements based on the location and type of structure and heritage tree ordinance and policies. ■ Connections through private property and public access standards. Standards and locations for new publicly -accessible pedestrian and/or bicycle connections through project sites are identified in Chapter 2 (multimodal circulation plans), Chapter 3 (mobility improvement standards), 102 San Antonio Precise Plan TABLE 5-1: Public Benefits TYPE OF PUBLIC BENEFIT EXAMPLES OF PUBLIC BENEFIT Affordable Housing Development of affordable units on- or off -site, including: • Provision of units over and above the amount required under existing regulations. On -site units preferred over off -site units. • Provision of units instead of payment of housing impact fees. Pedestrian and bicycle amenities On -site and off -site pedestrian and bicycle improvements, above and beyond those required by the development standards. These may include but are not limited to: • Enhanced pedestrian -oriented streetscapes. • Protected bicycle lanes and pedestrian pathways, improved bicycle and pedestrian crossings/signals, bicycle racks/ shelters. • New pedestrian and bicycle connections to transit facilities, schools, neighborhoods, etc. • Removal or contribution to removal of existing pedestrian and bicycle barriers (e.g. grade -separated crossings). • Upgrading traffic signals to enhance pedestrian and bicycle safety. Public parks and open space Providing publicly accessible parks, plazas, tot lots, etc., above and beyond existing Park Land Dedication Fees and required open area standards or contributions to off -site publicly accessible open spaces available to the community. Other • Contributions to and/or space provided for community facilities, affordable small business/non-profit spaces, etc. • Providing publicly accessible parking to serve area -wide/ shared parking needs. • Off -site utility infrastructure improvements above and beyond those required to serve the development. • Funds in lieu of improvements. • Other public benefits proposed by the developer and approved by the City Council. and Chapter 4 (block standards). Public access easements and improvements will be required from private property owners to provide compliant improvements supporting the Plan Area's pedestrian activity. These easements and improvements will be required with the following permit types: — Major Planned Community Permits Minor Planned Community Permits involving major remodels, site plan changes, and parking reconfigurations. For Minor Planned Community Permits, the Zon- ing Administrator will determine the scope of the required easements and improvements based on the cost, extent, or intensity of the project as deter- mined through the development review process. For Major Planned Community Permits and Master Plan applications, the Zoning Administrator and/or City Council may consider exceptions to require- ments to provide public access easements on certain roadways based on the function of the roadway and the provision of other publicly accessible connec- tions. Chapter 5 I Implementation, Financing & Adminstration 103 This Page Intentionally Left Blank EXHIBIT 28 City of Mountain View - North Bayshore Precise Plan Excerpt This Page Intentionally Left Blank Common to All Areas 3.5 Floor Area Ratio A Base floor area ratio (FAR) and Maximum FAR are allowed in each character area, with the highest intensities in the Gateway Area and the lowest intensities in the Edge Area. Additional Bonus FAR, up to the Maximum FAR, may be granted to projects that 1) meet the requirements for higher building -level environmental performance, 2) contribute to public benefits or district -level improvements, and/or 3) transfer development rights from the Edge Area to the Core Area. Below is additional information on the Precise Plan's approach to FAR. Standards 1. FAR Bonus Review. Proposed net new development over 0.45 FAR requesting FAR Bonuses shall be subject to FAR Bonus Review Guidelines, as adopted by the City Council. The City Council shall determine if the proposed development meets this Council adopted FAR Bonus evaluation policy. These requirements apply to the amount of square footage analyzed in the General Plan EIR and Precise Plan EIR. Any proposed development above what was studied in the General Plan EIR and Precise Plan EIR requires additional CEQA review authorized by the City Council. 2. LEED Platinum or alternative green building standard. Projects that meet the intent of Leadership in Energy & Environmental Design (LEED) Building Design and Construction (BD+C) Platinum (80+ points) or an alternative green building standard may receive Bonus FAR as regulated by the character area Bonus FAR tiers. 3. Higher -performing green building: Higher performing green building projects in the Core and General Character Areas meeting the intent of LEED BD+C Platinum and the performance standards specified in Appendix B shall receive an additional bonus of 0.25 FAR.48 4. Zero net green building. Projects in the Core and General Character Areas that meet the State's definition for zero net energy49 or net zero water50 shall receive an FAR bonus in gross floor area of 0.25 FAR. as The performance standards focus on energy use and generation, water use, and materials management. 49 California set an aggressive goal for all new commercial building construction to be zero net energy or equivalent to zero net energy by 2030. Zero net energy is a general term applied to a building with a net energy consumption of zero over a typical year. To cope with fluctuat'ons in demand, zero energy buildings are typically envisioned as connected to the grid, exporting electricity to the grid when there is a surplus, and drawing electridty when not enough electridty is being produced. so Zero water buildings are envisioned using captured rainfall or reused / recyded water. 5. Public benefit or district -improvement projects. Projects may earn an FAR bonus if they provide public benefits or contribute to a district improvement project. a. Amount of FAR bonus. The amount of the FAR bonus for a given project depends on the contribution to the public benefit or district -improvement project. At the discretion of the Mountain View City Council, a project that meets the intent of public benefit or district -improvement project may receive Bonus FAR as regulated by the character area Bonus FAR tiers. b. Types of projects. These on- or off -site improvement projects may include habitat expansion or enhancement, district sustainability systems, new open space, construction or contribution to district parking structures, district transportation improvements, expansion of existing TDM programs to other properties, or other projects proposed by applicants. Specific public benefit or district -improvement projects shall be determined during review of the proposed project. 6. Transfer of Development Rights. The Precise Plan allows the transfer of development from the Edge Character Area to the Core Character Area. For more information on the Transfer of Development Rights (TDR) section on see page 53. a. Eligibility. Parcels in the Core Character Area are "receiving" sites and may receive additional floor area from "sending" sites in the Edge Character Area. Sites in the Gateway and General Character Areas are not eligible to participate in the TDR. b. Amount of transfer. Parcels in the Core Character Area may receive up to 0.50 FAR in gross floor area. The transfer of FAR shall occur after a project meets the requirements for up to 1.0 FAR. c. Habitat enhancement. Habitat restoration or enhancement shall be completed on the sending site in the Edge Character Area or on another predetermined site within or adjacent to North Bayshore at the discretion of the City Council. The final building certificate of occupancy associated with the TDR shall not be released until the habitat enhancement plan has been implemented to the satisfaction of the Zoning Administrator. 3.1-2 Floor Area Ratio Standards 1. Minimum FAR. For new construction' and additions2, the Minimum FAR in the Gateway Character Area is 1.0. 2. Maximum FAR. For new construction and additions, the Maximum FAR3 in the Gateway Character Area is 2.35. 3. Exemptions from FAR calculation. Building spaces for small companies, or building spaces for educational, cultural, or public service uses may be excluded from gross floor area when calculating FAR at the discretion of the Zoning Administrator if they are provided as a community benefit. The maximum FAR exemption shall not exceed 10% of the maximum allowed FAR or 10,000 square feet, whichever is less. If an existing building is being preserved for use by a small company as part of a development proposal, the maximum FAR exemption shall not apply. 4. Transportation dedications and easements. Any new dedication or easement for a road, path, or other transportation purpose shall not be deducted from a site's gross lot area for the purposes of calculating FAR. All other site requirements, such as required open space, will be based on a project's net site area. ° New construction is defined as a newly constructed building and does not include additions, alterations, or repairs. 2 An addition is defined as new construction square footage added to an existing structure. 3 Maximum FAR is the maximum floor area induding FAR bonuses and / or transfer of development rights. 3.1-3 Bonus FAR Standards 1. Gateway FAR. To receive a minimum 1.0 FAR and up to the maximum 2.35 Bonus FAR,4 all projects in the Gateway Character Area shall be regulated by the Bonus FAR tiers as shown in Figure 4. Figure 4: Bonus FAR Combinations - Gateway Character Area 2.35 cc 2.0 LL 0 cc lu 1.5 `o _o ▪ 1.0 tJ Maximum FAR 2.35 I $tnlmurn FAR 1.0 Earn one of the following FAR bonuses (up to 0.35 FAR): • Higher -performing green building* • Public benefit or district- • Zero net green building* improvement project Earn one additional FAR bonus (up to 0.50 FAR): C' > • Higher -performing green building* • Public benefit or district- • Zero net green building* improvement project Earn the public benefit or district -improvement project FAR bonus, focusing on transportation (up to 0.50 FAR). All projects shall: • Meet the applicable standards in the Land Use and Design Chapter; • Meet the green building standards described in the Green Building and Site Design Chapter; • Earn the LEED Platinum or alternative green building standard FAR bonus; • Earn the public benefit or district -improvement project FAR Bonus, focusing on transportation; • Create a Master Plan for the area; and • Provide transportation -related dedications, easements, and improvements through the Gateway Area. * Applicants can only request one green building -related Bonus FAR above 1.5 FAR. 4 Bonus FAR is the additional FAR earned by meeting requirements defined in the FAR section on page 51. The Base FAR plus the Bonus FAR may not exceed the Maximum FAR for a Character Area. This Page Intentionally Left Blank EXHIBIT 29 City of Mountain View - El Camino Real Precise Plan Excerpt This Page Intentionally Left Blank Height & Floor Area Rati Figures 4-6 show the range of allowed heights and intensities in different areas along the corridor. Maximum heights, intensities, and other standards are applied differently across the corridor depending on the location, public benefits provided, and the review process. This is the Plan's "tiered" approach to height and intensity, which ensures a portion of the value created by larger development is used to improve El Camino Real. It also ensures City Council review of larger developments. "Base" development, which is allowed throughout the corridor, has the lowest level of City review and does not require the contribution of public benefits. "Tier 1" allows more height and FAR in locations with larger parcels adjacent to multi -family neighborhoods, and requires the contribution of public benefits and review by the Environmental Planning Commission and City Council. "Tier 2" allows the highest FAR and is only allowed in Village Centers, where there is access to major transportation networks and daily goods and services. "Tier 2" involves review associated with rezoning, which could result in additional CEQA analysis, more public benefits, and other requirements resulting from legislative actions. For more information about public benefits and project review, see Chapter 4. Development standards for each area follow the maps, starting on page 20. Table 4 provides a key to the maps. City of Mountain View Table 3: Summary of Maximum Heights and Floor Area Ratios A Village Centers* Base. Press 1.35 FAR 3 (4) stories 45'(55') 1.85 FAR 2.3 FAR 4 (5) stories 5 (6) stories 55'(65') 65' (75') Castro/Miramonte Sub -Area 1 1.35 FAR 3 stories/45' 1.85 FAR __ 4 storiesl55' Castro/Miramonte Sub-Area 2 1.35 FAR 3 storiesl45' No Max FAR -- 3 stories/45' Medium Intensity Corridor 1.35 FAR 3 stories/45' 1.85 FAR __ 4 stories/55' Low Intensity Corridor 1.35 FAR 3 stories/45' _ - -- Residential -Only Areas See page 28 for details. *Maximum heights in Village Centers are without (with) the provision of a public open area consistent with the Village Center Plazas guideline on page 32. Table 4: Height and FAR Map Key Figure Addresses Shown Figure 4 (pg 17) 2700 to 1953 West El Camino Real Figure 5 (pg 18) 1952 to 200 West El Camino Real Figure 6 (pg 19) 100 West El Camino Real to 903 East El Camino Real This Page Intentionally Left Blank Public Benefits Tier 1 and Tier 2 Requirement The Precise Plan's Public Benefits Program ensures developers provide benefits to the Precise Plan area in exchange for approval to develop additional floor area. Development above 1.35 FAR shall provide public improvements or equivalent resources to improve the quality of life for the community and to help implement the Precise Plan. The development tiers in this precise plan provide clear expectations within Tier 1, but greater flexibility within the Tier 2 rezoning process. 1. Public benefits value. Tier 1 and Tier 2 development shall provide public benefits, with value proportional to the project's building square footage in excess of 1.35 FAR (inclusive of covered parking but not underground parking). Ground floor commercial square footage may be exempted from this amount. The value per square foot will be adopted by City Council resolution. The City will periodically conduct market analysis to update the value per square foot, if necessary to address market changes, based on: • Maintaining a reasonable developer return for a range of parcel and project sizes • Considering whether overall development costs remain competitive with other nearby communities, taking into account existing fees. Value adjustments consistent with inflation may not need this analysis. Developments requiring a Planned Community Permit (including Tier 1 developments) will not be required to provide public benefits with estimated value in excess of this amount. However, if costs for providing the public benefits increase after entitlement, the public benefits will still be required. Tier 2 developments may be expected to provide public benefits in excess of the established value during the Zoning Map Amendment process. City of Mountain View 2. Agreement required. A developer taking part in the Public Benefits Program will be required to enter into a binding agreement with the City that specifies the public benefits that will be provided in exchange for the higher intensity requested. The City will negotiate the terms of the Agreement including the period during which the entitlement will be available to the developer and public benefits that will be provided by the developer. Public Benefits List The benefits in Table 15 were determined through the Precise Plan process. Additional benefits may be determined in the future, or may be determined during project review, based on local needs. The City will maintain a prioritized list of public benefits. In general, public benefits should be provided within or accessible from the Plan area. Project applicants may elect to directly construct or provide the benefits in Table 15, if they can demonstrate, to the satisfaction of the City, that the value of the benefits provided is equivalent to the value identified in the previous section. However, the City has discretion to accept a monetary contribution to construct the benefit/improvement. The list of examples in Table 15 does not limit the City's discretion to determine the appropriate level of public benefits required in exchange for increased intensity. Other than the plan priority for affordable housing units, the list is in no particular order. Chapter 4: Implementation Table 15: Public Benefits List Type of Improvement Examples of Public Benefits Affordable housing (Plan Priority) Pedestrian and bicycle amenities Public parking facilities Public parks and open space Other Development of affordable units on- or off -site, over and above the amount required under existing regulations. On -site units preferred over off -site units. Off -site pedestrian and bicycle improvements, above and beyond those required by the development standards. These may include but are not limited to: • Enhanced pedestrian and bicycle -oriented streetscapes • Protected bicycle lanes and pedestrian pathways, improved bicycle and pedestrian crossings/signals, bicycle racks/shelters • New pedestrian and bicycle connections to transit facilities, neighborhoods, trails, commercial areas, etc • Removal of existing pedestrian and bicycle barriers (e.g. cul-de-sacs) • Upgrading traffic signals to enhance pedestrian and bicycle safety Providing publicly accessible parking to serve area -wide parking needs. Publicly accessible parks, plazas, tot lots, etc., above and beyond existing Park Land Dedication/In-Lieu Fees and required open areas. Village Centers are required to provide plazas and may not use them as public benefits. • Contributions to and/or space provided for community facilities • Off -site utility infrastructure improvements above and beyond those required to serve the development • Additional funding for City programs, such as contribution to a local facade improvement program • Subsidize existing commercial tenants or other local small businesses • Funds in lieu of improvements • Other public benefits proposed by the developer and approved by the City Council El Camino Real Precise Plan 167 Guiding Principles The Guiding Principles below highlight the priorities and key strategies of the El Camino Real Precise Plan. They integrate guidance from the community and decision -makers gathered throughout the planning process. 1. Preserve, connect, and serve adjacent neighborhoods. El Camino Real will be a meeting place rather than a barrier, with pedestrian and bicycle connections to adjacent neighborhoods and across El Camino Real. Residents will have convenient retail services within walking distance. Transitions and buffers will preserve neighborhood character. 2. Create a more livable and beautiful corridor. Landscaping, trees, attractive buildings, and neighborhood gathering spaces will create an environment where people want to be. Comfortable sidewalks will connect new, high -quality housing with goods and services. 3. Focus investment and development in defined locations. Development and investment will create distinct nodes at major transit stops and cross -streets; street improvements will coordinate with areas of highest intensity and pedestrian activity; and larger buildings will be further from lower -density neighborhoods. 4. Promote diversity and flexibility. There will be a broad range of mutually supportive land uses, housing types for different incomes and life stages, and flexible building types that can accommodate a range of uses and tenants over their lifetime. 5. Prioritize pedestrian -oriented urban design and building form. Pedestrian areas and public space will include varied and interesting facades, street -facing pedestrian entrances, orientation towards transit, and generous plazas and open areas. 6. Improve bicycle access and facilities. Bicycle riders will have access to major destinations and throughout the area. Bicycle facilities will cater to a range of users and provide convenient crossing routes and access to neighboring cities. 7. Encourage creative and flexible use of small parcels. Applicants on small and irregularly shaped parcels will be able to improve these sites through parcel aggregation, incentivized with higher development intensities for larger Tots; special standards for small buildings and in small -parcel areas; a broader range of allowed uses, such as rowhouses and other residential; and flexibility for changes in use and parking requirements. 8. Limit the impacts of parking. Visitors will be able to park conveniently, in locations that do not impact the pedestrian environment. Development will provide sufficient parking to avoid impacts to neighborhoods, while reducing parking demand through innovative strategies. 9. Support existing and new small businesses. Successful small businesses will provide diverse services, amenities, activities, and gathering spaces throughout the corridor. Building improvements and public improvements will create an environment that will draw more customers, activity and value. 10. Seek broad public benefits. Future change along El Camino Real will provide benefits serving the whole community. Large developments will provide public improvements, such as parks and public space, pedestrian and bicycle improvements, and shared parking. 11. New affordable and senior housing will support the City's diversity and livability. The corridor is a good location for affordable and senior housing due to its jobs, transportation options and access to daily goods and services. Low income, moderate income, and senior units will be built wherever possible towards a Plan -area affordable housing goal consistent with the City's inclusionary housing ordinance. This will be achieved through City subsidies for low-income housing projects, inclusionary requirements on rew condominiums and rowhouses, impact fees (and units in lieu) on residential and non- residential development, and the provision of public benefits, with affordable units being the highest priority. I City of Mountain View This Page Intentionally Left Blank EXHIBIT 30 City of Mountain View - Resolution for Public Benefits Minimum Value for El Camino Precise Plan This Page Intentionally Left Blank CITY OF MOUNTAIN VIEW RESOLUTION NO. 17914 SERIES 2014 A RESOLUTION ADOPTING A MINIMUM VALUE FOR PUBLIC BENEFITS PROVIDED BY EL CAMINO REAL PRECISE PLAN DEVELOPMENT WHEREAS, on July 11, 2012, the City Council adopted the 2030 General Plan, which recognizes public amenities, services, and improvements are needed to help protect and enhance the City's quality of life, and the 2030 General Plan Action Plan, which identifies the Development Review Process for implementation of key improvements and General Plan objectives; and WHEREAS, in the El Camino Real Precise Plan, development is allowed without public benefits if its floor area ratio (FAR) is up to 1.35, and larger development may be allowed with public benefits; and WHEREAS, the EI Camino Real Precise Plan includes direction to adopt a minimum value for public benefits, proportional to the project's building square footage in excess of 1.35 FAR, which maintains reasonable developer return for a range of parcel and project sizes, resulting in overall development costs consistent with other nearby communities; and WHEREAS, a list of desired public benefits, including affordable housing, pedestrian and bicycle improvements, and public open space has been developed and will be maintained by the City; and WHEREAS, the City Council has considered desired public benefits at meetings dated February 4, 2014 and September 23, 2014, based on recommendations from the Environmental Planning Commission and public input; and WHEREAS, affordable housing has been identified as a priority for the El Camino Real Precise Plan, and public benefits are a key strategy for encouraging the development of affordable units; and WHEREAS, the City Council has considered an analysis conducted by Strategic Economics, evaluating the development value increase from higher FAR allowed by the Precise Plan; and WHEREAS, the analysis demonstrates that a public benefits value of $20 per square foot in excess of 1.35 FAR maintains a reasonable developer return for a range of parcel and project sizes, resulting in overall development costs consistent with other nearby communities; and WHEREAS, the analysis demonstrates that residential floor area adds value to a project more than commercial floor arca, so developer return would be better reflected by a public benefits value that is not applied to commercial floor area; and WHEREAS, on November 13, 2014, the Environmental Planning Commission held a duly noticed public hearing and thereafter forwarded its recommendation to the City Council to adopt the EI Camino Real Precise Plan, its public benefits program, and a recommended minimum public benefits value; and WHEREAS, on November 17, 2014, having given notice as required by Chapter 36 of the Mountain View City Code, the City Council held a public hearing to consider the El Camino Real Precise Plan, its public benefits program, and adoption of a minimum public benefits value; -1- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain View: 1. That the City Council adopts a public benefits value of $20 per square foot in excess of 1.35 FAR (inclusive of covered parking but not underground parking). Ground -floor commercial square footage may be exempted from this amount. 2. Public benefits shall be required with value equal to this amount from development greater than 1.35 FAR, consistent with the El Camino Real Precise Plan. Public benefits provided shall be determined through project review and agreed upon prior to project approval. 3. The value shall be annually adjusted for inflation based on the Consumer Price Index for the San Francisco Bay Area, until a new public benefits value is adopted by the City Council. TIME FOR JUDICIAL REVIEW: The time within which judicial review of this document must be sought is governed by California Code of Procedure Section 1094.6 as established by Resolution No. 13850 adopted by the City Council on August 9,1983. The foregoing Resolution was regularly introduced and adopted at a Special Meeting of the City Council of the City of Mountain View, duly held on the 17th day of November, 2014, by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: Councilmembers Abe-Koga, Bryant, Kasperzak, and Siegel Councilmember Inks None Vice Mayor McAlister and Mayor Clark APPROVED: EA/ 7/ RESO/ 899-11-17-14r-E-2 CHRISTOPHER R. CLARK MAYOR I do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Mountain View at a Special Meeting held on the 17th day of vember, 2014, by the foregoing vote. k 'fountain View -2- EXHIBIT 31 Culver City - Resolution Establishing the Community Benefit Incentive Program This Page Intentionally Left Blank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-Rots s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, ESTABLISHING A COMMUNITY BENEFIT INCENTIVE PROGRAM IN CONNECTION WITH SECTION 17.400.065 OF THE ZONING CODE — MIXED USE DEVELOPMENT STANDARDS. The City Council of the City of Culver City DOES HEREBY RESOLVE as follows: Section 1. The City Council, pursuant to applicable law, held a duly noticed hearing on February 11, 2008 to consider proposed amendments to the Culver City Municipal Code (CCMC) related to Mixed Use Developments Standards and to adopt a resolution authorizing Community Benefit Incentives and establishing the process and procedures for implementation of Community Benefits, as defined below. Section 2. Section 17.400.065 of the CCMC allows mixed use development on certain commercially zoned property at a base residential density of 35 dwelling units per acre, but allows the density to increase provided the project incorporates Community Benefits established by resolution of the City Council. Section 3. Based on the foregoing, the City Council hereby establishes: A. The types of Community Benefits. B. Process for establishing Community Benefits. C. The process for Community Benefit approval. D. The Community Benefit contribution; and E. Procedures for providing the Community -Benefit. 1- 2008-R015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. Type of Benefit — A Community Benefit is defined as a project amenity that achieves particular community goals such as providing neighborhood streetscape improvements, in addition to what may be required as part of a discretionary review and approval of a project, or public parking, in addition to that required by the CCMC. The following list of Community Benefits may be included in mixed use development projects. The list of Community Benefits includes, but is not limited to the following: A. Streetscape Improvements — As Part of an Area Improvement Plan, in addition to what may be required as part of a discretionary review and approval of a project. B. Pocket Parks and Public Open Space (Minimum 5,000 sq. ft.), in addition to park space otherwise required by the CCMC. C. Metered Public Parking in Excess of that Required by the CCMC. (Minimum of 10 Public Parking Spaces Applies Only to- Project Sites of 20,000 sq. ft. or Greater). D. Other Community Benefits as Approved by City Council. Section 5. Process for Establishina Community Benefits — The City Council shall establish Community Benefits through the following process: A. Identify commercial areas (districts coterminous with commercial corridors) that may utilize the community benefit incentives. B. Identify a menu of select community benefits applicable to each district. C. Arrange community meetings for various districts to -2- 2008-R015 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .prioritize benefits. D. Community meetings to be conducted in nearby City or school facilities. E. Provide memorandum to City Council regarding outcome of meetings. F. City Council deliberates on specific benefits and adopts resolution identifying benefits for each district. G. Applicant for each mixed use project will be apprised of required community benefit during Preliminary Plan Review. H. Planning Commission conducts discretionary hearing and community benefit is codified in project conditions of approval. Section 6. Process for Community Benefit Approval — The City Council shall establish certain commercial neighborhood districts for consideration of Community -Benefitsthrough a-Gity_Co- uncil--hearing,.- T-hee..City.Council_hearing..shalLide.ntifyCommu. nity Benefits which could be applied to any project located within the commercial neighborhood district boundary. The commercial neighborhood district hearings shall be conducted following adoption of the amendments to the CCMC related to Mixed Use Developments with public noticeprovided to all business owners, residents and property owners within a 1000 foot radius of perimeter of the subject commercial neighborhood district boundary. Said notice shall be provided pursuant to Section 17.630 of the CCMC. Section 7. Community Benefits Contribution Amount — The method for establishing the developer's contribution shall be based upon the proportionality of the 26 benefit relative to the developer's profit for the project. The Community Benefits Contribution is proposed as a proportional share of the Additional Base Density Value. -3- 2008-R015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Community Benefits Contribution shall be defined as the developer's cost to provide the Community Benefits. The Additional Base Density Value shall be defined as the additional profit derived from the additional number of dwelling units permitted through increase density allowed for providing the community benefit. The Community Benefits Value shall be defined as the total cost of providing the required Community Benefit and calculated as follows: A. Community Benefits Contribution: 50% of the Additional Base Density Value. B. Additional Base Density Value: Additional Number of Dwelling Units Allowed x Market Value Sales Price x .15 (Developer's Assumed Profit). Section 8. Procedures for providing the Community Benefits — The Community Benefits shall be incorporated into the project design, directly on -site and maintained forthe of the project -unless -it -is -part of a -public -improvement whereupon it. shall be provided with an in lieu fee contribution. A. In Lieu Fee Contribution — When the Community Benefits are part of off -site public improvements, the developer shall provide the Community Benefits Contribution in full to an in lieu fund established for the sole purpose of funding the public improvement, unless it is feasible for the developer to pay and install the required off - site public improvements. B. Community Benefits Provided On -Site — The Community Benefits shall be incorporated on development plans and in the Conditions of Approval as part of the project discretionary review -4- 2008-R015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16,.. 17 18 19 20 21 22 23 24 25 26 27 28 process. C. Community Benefits Identified in Project Resolution — The developer shall sign an Affidavit for Acceptance of Conditions certifying agreement to provide the required Community Benefits as part of the project development. The resolution or other approval of a project shall not become operative if the developer fails to sign the affidavit, and the project permit granting increased density shall be null and void. If the developer fails to maintain the required Community Benefits identified in the project Resolution, then any Conditional Use Permit or other revocable permit granted by the City as part of the approval of the project shall be referred to the Planning Commission for revocation pursuant to Chapter 17.660 of the Zoning Code and the matter may be referred to the City Attorney for enforcement pursuant to-Chapter-1-7650-of-the-Zoning--Code.-- D. Community Benefits — Public Open Space or Metered Public Parking. When the Community Benefits required for the project are Public Open Space or Metered Public Parking, the developer shall record a covenant that runs with the land to: Maintain in a clean, sanitary and available condition the Community Benefits for the life of the project. ii. Ensure the Public Open Space and Metered Public Parking is open and available to the public during normal operating hours of the retail/commercial facilities within the mixed use development project or as determined by the City -5- 2008-R015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council. iii. Allow the City to derive any Metered Public Parking revenue through parking enforcement operations for the public parking. iv. Provide an irrevocable easement recorded against the property to allow the City to enter the site from time to time to conduct parking enforcement operations for the public parking. Section 9. This Resolution shall take effect on the effective date of Ordinance No. 2008- 006 APPROVED and ADOPTED this loth day of March ATTEST: CHRISTOPHER ARMENTA, City Clerk A08-00030 By Ela Valladares Deputy City Clerk AN CORLIN, MAYOR City of Culver City, California APPROV ■ A TO FO'M: 2008. 4._. )L A. S ��A6, ity Attorney -6- 2008-R015 STATE OI- CALIFORNIA COUNTY OF LOS ANGELES CITY OF CULVER CITY ) ) SS I, Ela Valladores, Deputy City Clerk of the City of Culver City, California, do hereby certify that the foregoing Resolution No. 2008—R015 as duly and regularly adopted, passed, and approved by the City Council of the City of Culver City, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 106 day of March 2008, by the following Councilmember vote: AYES: Gross, Ma'sin, Rose, Siibiger, Corlin NOES: None ABSTAIN: None ABSENT: None Dated thisa* day of March, 2008 Ela Valladares Deputy City Clerk and Ex-0fficio Clerk of the City Council City of Culver City, State of California This Page Intentionally Left Blank EXHIBIT 32 City of Glendale - Incentives and Bonuses Chapter of Downtown Specific Plan This Page Intentionally Left Blank INCENTIVES & BONUSES As a way of encouraging desirable uses and public benefits in Downtown, the City will allow certain bonuses for those uses. This chapter outlines the incentives and bonus program of the Downtown Specific Plan. Amended by Ord. No. 5865 GLENDALE DOWNTOWN SPECIFIC PLAN 7-1 7.1 HEIGHT AND DENSITY BONUSES The DSP provides certain bonuses intended to attract certain uses or types of development in the Downtown. The incentives and bonuses are described in greater detail in the following pages. 7.1.1 Review Authority for Height and Density (Bonuses Height and Density Bonuses according to standards outlined by the Downtown Specific Plan will be granted to applicants by the City Council, following policies and procedures adopted by the City of Glendale. Applicants utilizing the incentives and bonuses program will require a statutory development agreement with the City or a covenant acceptable to the City and developer. 7.1.2 Measuring Density and Height Bonuses In the Downtown Specific Plan, development density is defined by the number of stories allowed within the building envelope set forth by design Standards and Guidelines in addition to Floor Area Ratio. As long as the urban design and building standards and guidelines are followed, the maximum number of stories and FAR allowed for each district may be built. If an applicant chooses to take advantage of the height and density bonus program, multiple incentives may be provided, however only one incentive shall be considered in calculating the height and density bonus. Under no circumstances except in the application of Section 7.2.1 and/or the application of Government Code Section 65915, et seq. ("SB 1818 Affordable Housing Density Bonus Law") shall any project exceed the maximum allowable height, stories, or floor area ratio by area shown in Table 4-A relative to projects with incentives or bonuses. 7-2 GLENDALE DOWNTOWN SPECIFIC PLAN Amended by Reso. No. 09-37; Ord. No. 5865 7.2 HEIGHT AND DENSITY INCENTIVES The following describes the height and density incentives, public benefits, and related bonuses. Projects may not utilize more than one of the incentives described in the Downtown Specific Plan. f f Oi'da`3.1(; I44'.iS i.i..y 'S':niis PUBLIC BENEFITS The State of California has a desire and need to increase affordable housing statewide, and incentivizes its construction through California Government Code Section 65915 et seq. The law significantly modified by and commonly referred to as SB 1818 Affordable Housing Density Bonus Law, allows for a maximum density bonus of 35 percent based on the mix and number of affordable units provided. STANDARDS Applicable standards relative to use of the SB 1818 Affordable Housing Density Bonus Law bonuses and incentives or concessions are defined in California Government Code Section 65915 et seq. and Glendale Municipal Code section 30.36.060 et seq. ALLOWABLE BONUS The maximum allowable height and/or density bonus and concessions available under this incentive are as defined in California Government Code Section 65915 et seq. and Glendale Municipal Code Section 30.36.060 et seq. For the purposes of this incentive only, Table 7-B defines baseline residential density by DSP area as measured by dwelling units per acre, Maximum Density by Right N/A 90 TABLE 7 100 175 225 N/A ra 90 90 250 90 0) c c r0 L 0 2 90 100 TCSP 90 Amended by Ord. No. 5865 GLENDALE DOWNTOWN SPECIFIC PLAN 7-3 7.2.2 I°Histoeic Preservation PUBLIC BENEFITS Preservation of Downtown's significant number of historic resources are a key element of creating a unique sense of place. STANDARDS A. The restoration or rehabilitation of the historic resource must meet the Secretary of the Interior's Standards B. The project must be placed on the Glendale Register prior to or concurrent with design review approval. ALLOWABLE BONUS The maximum allowable height and/or density bonus available under this incentive is the maximum height or density allowed with incentives by district as defined in Table 4-A. 7.2.3 Hotel PUBLIC BENEFITS Hotels are an important component of a thriving business district, and often provide amenities which are available to the general public, including entertainment, restaurants, and meeting rooms. STANDARDS The ground floor of hotels shall be designed to enhance the use mix and level of pedestrian activity in the area for which they are proposed. This can be accomplished with cafes and retail space along the street frontage, as well as public art and open space. Hotel expansion will be reviewed on a case by case basis, and bonuses awarded by the review authority commensurate with the degree to which the standards have been met and to the public benefit provided. ALLOWABLE BONUS The maximum allowable height and/or density bonus available under this incentive is the maximum height or density allowed with incentives by district as defined in Table 4-A. 7.2..4 I rnhlic Open Space PUBLIC BENEFITS Open space provides the significant public good of a place to rest, relax, and congregate in an area, open to all. A well designed plaza, park, or other outdoor space provides a counterpoint to the built environment of streets and buildings, and adds a layer of texture to Downtown. 7-4 GLENDALE DOWNTOWN SPECIFIC PLAN Amended by Reso. No. 09-37; Ord. No. 5865 STANDARDS A. Public open space shall meet the standards of Section 5.3.1 and 5.3.2(A). B. Public open space shall be located at sidewalk level with no fences or other means of enclosure prohibiting physical or visual access and use of the space. C. A unique design element, consisting of a specimen tree, fountain, or public art element consistent with the City of Glendale Art Program shall be provided. Any unique design elements proposed to meet this standard, other than those specified in this standard, shall be subject to approval by the design review authority. D. Public Open Space shall be "open -to -public" at a minimum from 7am-10pm; public access hours shall be indicated on signage required under Section 7.2.4(E). E. Signage consistent with the Glendale's Environmental Graphics Manual shall indicate the open space is part of the City's Privately Owned Public Open Space program. Signage shall be visible from the public right-of-way and sidewalk. F. Seating is to be provided through the use of portable or fixed -site furniture, such as cafe tables, benches, movable chairs, or edges along planters and/or fountains. ALLOWABLE BONUS The amount of height and/or floor area bonus shall be in direct proportion to the increase in publicly accessible open space above the minimum total open space required by Section 5.3.2. For every one (1) square foot of publicly accessible open space provided above the total minimum required open space, an additional ten (10) square feet of floor area may be added; under no circumstances shall the total floor area exceed the maximum FAR allowed with incentives by district as defined in Table 4-A. 7,2.5 Reuv FAuildings PUBLIC BENEFITS The re -use of existing buildings minimizes environmental impacts from demolition and disposal of building materials. In addition, the retention of distinctive visual architecture and architectural features sustains the public's familiarity and comfort with Downtown. STANDARDS A. Retention of distinctive architecture is encouraged. B. Re -use of significant architectural features is encouraged. C. The amount of the bonus received shall be in proportion to the amount and the architectural value of the building and building features which are retained, as determined by the review authority. ALLOWABLE BONUS The maximum allowable height increases available under this incentive is an increase of 2 stories or 30 feet; the maximum allowable density increase under this incentive is an additional 1.00 FAR. Amended by Reso. No. 09-37; Ord. No. 5865 GLENDALE DOWNTOWN SPECIFIC PLAN 7-5 7.2.6 Su.staina:ble. Deign PUBLIC BENEFITS Buildings that are designed for sustainable performance in excess of existing Title 24 building standards help limit the environmental impacts of commercial and residential development in Downtown. STANDARDS To qualify for height/density bonuses under Sustainable Design, applications will require the following: A. Developer shall post a performance bond equal to the value of the additional floor area enabled by the bonus. B. The bond shall be released upon the building's post -construction certification as LEED Gold or Platinum by the U.S. Green Building Council. ALLOWABLE BONUS The maximum allowable height and density increases available under this incentive are as follows: • LEED Gold: 2 stories or 30 feet; 1.00 FAR • LEED Platinum: 3 stories or 45 feet; 1.50 FAR 7-6 GLENDALE DOWNTOWN SPECIFIC PLAN Amended by Reso. No. 09-37; Ord. No. 5865 EXHIBIT 33 Planning Commission Recommended Edits to Draft PD Ordinance This Page Intentionally Left Blank PLANNING COMMISSION RECOMMENDED EDITS PLANNED DEVELOPMENT STUDY COMMITTEE RECOMMENDED DRAFT PLANNED DEVELOPMENT ORDINANCE DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE Sec. 29.80.075. Purpose and Intent Sec. 29.80.080. Limitations on Use of Planned Development. Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances. Sec. 29.80.090. Requirements. Sec. 29.80.095. Findings. Sec. 29.80.100. Phased development. Sec. 29.80.105. Dedication prior to issuance of first building permit. Sec. 29.80.110. Vested. Sec. 29.80.120. Amendments to Previously Approved Planned Developments. Sec. 29.80.075. Purpose and Intent. As more specifically provided in Section 29.80.080 (B), the purpose and intent of the Planned Development Overlay Zone (PD) is to preserve, enhance, and/or promote: 1. The Town's natural and historic resources; 2. The production of affordable housing; 3. The maximization of open space; and/or 4. A project that provides a public benefit to the citizens of the Town. Sec. 29.80.080. Limitations on Use of a Planned Development. A. The PD overlay is not intended for: 1. Uses inconsistent with the General Plan; 2. Proposed development that is reasonably feasible under the existing Town Code; or 3. A relaxatien deviation of standards applicable to similar types of development. B. An Application for a PD shall only be considered by the recommending and deciding bodies if it meets the Purpose and Intent of this Division, and meets one or more of the following criteria: 1. A project that provides a public benefit to the citizens of the Town. 2. Property that is designated within the Hillside Development Standards and Guidelines Area Map. 3. Property that has a historical designation or is within a Landmark Historic Preservation (LHP) Overlay Zone. 1 4. Property with a tree or "stand of trees" that is unique, historical, ecological, or of aesthetic value, as determined according to standards set forth in the Town's Tree Protection Ordinance. 5. Property that contains a stream, channel, or creek that supports or has supported riparian vegetation, fish, and/or aquatic life as further defined in the Guidelines and Standards for Land Use Near Streams. 6. A property with a geological hazard or within a fault zone. 7. A property being considered for affordable housing as defined in the Town's adopted and certified Housing Element. 8. A property being considered for a use or combination of uses not allowed in the Town's existing zoning districts. 9. A property being considered for the creative use of the site consistent with the base zoning district. Sec. 29.80.085. Relationship of Planned Developments to other adopted land use documents. The Planned Development Overlay shall not be used to deviate from General Plan provisions, Guidelines adopted by the Town Council, the standards contained in any existing land use regulation, or any other provision of the Town Code otherwise applicable to the property except as otherwise provided in Section 29.80.095 (4). Sec. 29.80.090. Requirements. The PD application shall include text and plans or diagrams that clearly demonstrate and specify all of the following: 1. Compliance with all sections of this Division. 2. Conformity of the PD to the goals, policies, applicable land use designation(s) and standards of the General Plan. 3. A plan or set of plans that identify characteristics existing on the property which warrant application of the PD Overlay Zone. 4. Proposed distribution, location and extent of the land uses on the site, including open space. 5. Proposed standards and criteria by which development will proceed, including standards for conservation, development and utilization of natural and/or historic resources. 6. Proposed deviations from the land use regulations and development standards applicable to the underlying zoning district(s). 7. Description of the public benefit of the proposal. Sec. 29.80.095. Findings. The deciding body, on the basis of the totality of the evidence and testimony submitted at the hearing, may adopt a PD if all of the following findings can be made: 1. The proposed PD is in compliance with all sections of this Division. 2 2. The proposed PD is in conformance with the goals, policies, and applicable land use designation(s) and standards of the Town's General Plan. 3. The proposed PD is in conformance with all other applicable land use regulations, including but not limited to Town Council adopted Guidelines, except as otherwise provided in Section 29.80.095 (4). 4. Any proposed use or development standards that deviate from the underlying zoning district(s) result in innovative and creative site planning to develop: a. Housing with a minimum of 40 percent of the units affordable to households of very low, low, or moderate income; or b. Mixed commercial, or mixed residential, or mixed commercial and residential development; or c. A development designed and sited to protect, preserve and enhance conservation and enrichment of hillsides, natural and/or historic resources, ridgelines, a tree or stand of trees, creek and riparian corridors, geologic hazard or fault zone, and open space; or d. A project that maximizes open space; or e. The proposed PD provides a public benefit to the citizens of the Town. Sec. 29.80.100. Phased development. Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is self-sufficient and is not dependent on subsequent phases to fulfill infrastructure requirements and/or conditions of approval. Sec. 29.80.105. Dedication prior to issuance of first building permit. Development rights for required open spaces shall be dedicated in advance of the issuance of any building permits. Sec. 29.80.110. Vested. Failure to obtain building permits for the approved Planned Development within 24 months from the date of approval will automatically void the PD ordinance, unless an extension of time has been granted by the Town Council for good cause shown. Sec. 29.80.120. Amendments to Previously Approved Planned Development. Amendments to a PD approved both prior to and after the adoption of this Division may only be considered under this Division and its provisions and must meet the requirements set forth herein. N:\DEV\Ryan\Projects\PD Amendments - Research\PC Recommended Edits to Draft PD Ordinance.docx 3 This Page Intentionally Left Blank