Planned Unit Development

WHAT IS A PLANNED UNIT DEVELOPMENT?

A Planned Unit Development (PUD) is a type of planning approval which provides greater design flexibility by allowing deviations from the typical development standards required by the Zoning Code. The intent is to encourage better designed projects than can sometimes be accomplished through compliance with all development requirements, in exchange for providing greater benefits to the community.

Examples of the types of zoning deviations which can be allowed through the PUD process include:

• Allowing uses not listed as permitted, conditional or accessory by the zoning district in which the property is located,
• Modifying lot size and width requirements,
• Reducing building setbacks from property lines,
• Altering parking requirements, and
• Increasing building height limits.

You cannot request a PUD to increase the number of units allowed in a residential project or decrease the amount of open space or landscaping required.

In exchange for the design flexibility of the PUD, an applicant must demonstrate that the development proposal:

• does not result in an intensity of land use higher than otherwise allowed,
• provides public benefits that would not be achievable through the normally required zoning standards,
• does not create unmitigated traffic impacts,
• is compatible with surrounding development, and
• is consistent with the Milpitas General Plan.

HOW DO I APPLY FOR A PLANNED UNIT DEVELOPMENT?

Submit the following materials to the Planning Division at the Development Permit Center counter:

• A complete application form, signed by the applicant and the property owner
• A written explanation of the proposed use
• Appropriate Fees. These include the application fee and public notification fee
• Complete sets of plans: Six full-sized plans (24"x36") and 13 reduced plans (18"x24").
  Included in your plans should be:
  1. A site plan showing property lines, streets, setbacks, buildings, parking areas, and driveways
  2. A floor plan showing how interior spaces of buildings will be used
  3. Building elevations of any proposed new buildings or remodeled exteriors
  4. A landscape plan if appropriate.
• A list of people who own property or reside within 300 feet of the boundaries of your property, and one stamped, addressed legal-sized envelope for each person, and an Affidavit of Notification form.

WHAT HAPPENS AFTER I APPLY?

A project planner will be assigned to your project. She/he will review your application and also refer it to various Departments (Public Works, Fire, Building, etc.) who may request that conditions be attached to the approval of your variance. Normally, the project planner will also visit the site. Once your application submittal is determined to be complete by City staff, your project planner will schedule your PUD for a public hearings before the Planning Commission, then the City Council. Notices of the hearing date will be mailed using the envelopes you have provided. At its hearing, the Planning Commission will recommend approve, conditional approval or denial of your application. The City Council hearing will usually be three weeks after the Planning Commission meeting. Decisions of the City Council are final.

HOW LONG DOES IT TAKE TO HAVE A PLANNED UNIT DEVELOPMENT APPROVED?

It varies depending upon the type of development proposed, its potential impact on surrounding properties, whether an environmental assessment is necessary, the level of neighborhood controversy and the quality of the original application submittal.

HOW CAN I GIVE MY APPLICATION THE BEST CHANCE OF APPROVAL?

• Meet with Planning staff prior to submitting your application to learn about submittal requirements and issues to be addressed.
• Plan your project so that it harmonizes with its surroundings and does not disrupt neighboring properties.
• Provide complete information when you submit your application.
• Respond quickly to staff requests for additional information or clarification.
• Let neighboring property or business owners know about your application before they receive the official notification from the City.

WHAT DO I DO AFTER I RECEIVE A PLANNED UNIT DEVELOPMENT?

You may need other permits, such as a building permit for new construction or building modifications, a business license if you are starting a new business, or a Certificate of Occupancy to legally occupy the premises. Check with your Project Planner and look at the "Notes to Applicant" contained in the City Council staff report. Also, remember to comply with any "Conditions of Approval", which are listed in the staff report. Often these conditions must be met prior to building permit issuance.

A Planned Unit Development expires if it has not been used within 6 months of the approval date by beginning construction of the project.