Chapter 18.260 — PLANNED UNIT DEVELOPMENT PERMITS

Sections:

18.260.010 Purpose. 18.260.020 Application and accompanying material. 18.260.030 Public notice and hearing. 18.260.040 Approval authority. 18.260.050 Action and fndings by approval authority. 18.260.060 Efective date – Appeals. 18.260.070 Time limit, expiration and revocation of planned unit development permits. 18.260.080 Amendments to planned unit developments.

As of April 3, 2014, the purpose of a planned unit development permit is to allow variations to development standards for small infill development projects involving five or fewer residential units wherein superior and context sensitive design solutions offset any variations to the development standards in the established zoning district. In other instances a planned unit development permit may allow for variations in development standards that result in maintenance, preservation and protection of historic or other resources that are part of an infill development. A planned unit development permit is the desired permit for infill developments that are generally of a small size and where a P district is not appropriate. (Ord. 9-2014 § 37, 3-4-14; Ord. 27-2016 § 39, 12-6-16.)

(a) An application for a planned unit development permit shall be submitted to the zoning administrator on a form prescribed for that purpose by the city. The application shall include all required fees and/or deposits and all information and materials required by the city, including evidence to support the findings required to approve the planned unit development. Applications may only be filed by the property owner or by the owner’s agent with the written consent of the property owner.

(b) All planned unit development applications shall include a description of the modifications of zoning district or other zoning regulations requested as part of the planned unit development. (Ord. 9-2014 § 37, 3-4-14.)

The approval authority shall conduct a public hearing on an application for a planned unit development. At least 10 days prior to the public hearing, notice shall be given of the proposed planned unit development as set forth in Chapter 18.320. (Ord. 9-2014 § 37, 3-4-14.)

The planning commission shall consider and act upon an application for a planned unit development after a public hearing. (Ord. 9-2014 § 37, 3-4-14.)

The approval authority may approve, conditionally approve, or deny an application for a planned unit development. The approval authority shall approve or conditionally approve a planned unit development only when all of the following findings can be made:

(a) That the proposed planned unit development is consistent with the general plan and any applicable community or specific plan.

(b) That the modifications to the zoning standards are warranted by overall superior and context sensitive design and/or that the overall design of the planned unit development achieves the long term preservation, maintenance and protection of historic or other resources superior to that which could be achieved by strict application of the zoning ordinance.

The approval authority may impose any reasonable conditions to ensure that the required findings can be made. (Ord. 9-2014 § 37, 3-4-14; Ord. 272016 § 40, 12-6-16.)

A decision of the approval authority shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. No planned unit development permit shall be granted on appeal unless the findings set forth in Section 18.260.050 are made by the planning commission or city council, as the case may be. (Ord. 9-2014 § 37, 3-4-14.)

(a) A planned unit development permit shall be considered to be attached to and running with the land unless the permit has expired or has been revoked or modified.

(b) Time limits, expiration and revocation of planned unit development permits shall be subject to the procedures described in Chapter 18.330. (Ord. 9-2014 § 37, 3-4-14.)

Amendments to approved planned unit developments shall be subject to the same application and review requirements as a new planned unit development application. (Ord. 9-2014 § 37, 3-4-14.)

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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