The purpose of Planned Development entitlement is to provide
a process to allow diversity in the relationship between buildings
and open spaces to create interesting physical environments and to
maximize the development potential of underutilized or problematic
land areas. The Planned Development entitlement is intended to allow
modification of requirements established by other ordinances and diversification
in the relationship of different uses, buildings, structures, lot
sizes, and open spaces, while ensuring compliance with, and implementation
of, the General Plan. Additional objectives include the provision
of development consistent with site characteristics, creation of optimum
quantity and use of open space, encouragement of good design, and
promotion of compatible uses.
(Ord. 2014-01 § 1)
The implementation of an approved Development Plan will be by
a Development Agreement between the City and the applicant/developer
in accordance with the provisions of Article 2.5 of the California
Government Code. The provisions of such Development Agreements shall
include, but not be limited to, the following listed items:
A. Public
Improvements. The City shall require posting of cash, a savings and
loan certificate, or a performance bond issued by a corporate surety
company in an amount to be determined by the City Engineer and be
approved by the City Council to cover the cost of all or part of the
public improvements deemed necessary for all on- and off-site improvements
prior to the issuance of a Building Permit for the first phase of
construction.
B. Building
Permits. Prior to the issuance of any Building Permit for construction
in a Planned Development zone, the City Engineer and Planning Director
shall ensure compliance with design, terms, and conditions of the
approved Development Plan.
C. The City Council shall annually compare the actual development accomplished with the approved development schedule. If the Development Plan is not proceeding according to the approved schedule, the Council may initiate proceedings under Chapter
19.26 (Zoning Amendments) of this title to rezone the property involved to its previous zoning classification or another classification as appropriate.
D. Upon
request of the property owner or for good cause shown, the City Council
may extend the time limits of the development schedule.
(Ord. 2014-01 § 1)
The approving authority shall make the following findings to
approve a Planned Development application:
A. The
proposed project does not exceed the total density allowed under the
base zoning district or the General Plan land use designation.
B. The
proposed project is superior to development that could occur under
the development standards of the base district in at least two of
the following ways:
1. Greater
open space and common areas than required.
2. Greater
landscaping than required that enhances the public street appearance
(including street trees, benches, lights, special paving, water fountains)
or increases landscape buffers with adjacent properties.
3. Utilization
of the applicable design guidelines to achieve a superior site design.
4. Utilization
of the applicable residential design standards to achieve a superior
subdivision design.
5. Greater
connectivity to surrounding public streets, bike paths, pedestrian
walkways, and public open spaces than required by zoning or subdivision
regulations.
6. Enhanced
environmental preservation by clustering development to preserve sensitive
plant or wildlife habitat, biological resources, or contiguous open
space.
7. Reduced
impacts on surrounding properties in terms of privacy, access to sunlight,
shadow, views, building bulk, noise, or other types of negative impacts,
beyond what would be achieved under existing requirements.
C. The
proposed project shall not be substantially detrimental to adjacent
property, and will not materially impair the purposes of this title
or the public interest.
(Ord. 2014-01 § 1)