The purpose of this Chapter is to provide a process for approving a Planned Development Permit that is intended to:
A. 
Ensure efficient use of land and better living environment. Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, and a superb site plan, and excellence of design than is otherwise possible through strict application of the development standards identified in Article 2 (Zone-Specific Standards);
B. 
Ensure high standards of environmental quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and
C. 
Provide for enhanced amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, LEED or other "green" related standards, additional and enhanced open space, additional public art, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Zoning Code.
(Ord. 1017, 2013)
A. 
Allowed development projects. A Planned Development Permit may only be requested for a residential, industrial, office, retail, mixed-use, or business campus-type development project.
B. 
Minimum site area. A Planned Development Permit may be requested for a site(s) with a minimum of two acres, unless otherwise determined by the Planning Commission.
C. 
Planned Development Permit precedes Building or Grading Permits. For projects proposing a Planned Development Permit, a Building or Grading Permit shall not be issued until the Planned Development Permit has been approved in compliance with this Chapter.
D. 
Activities only allowed in base zone. A Planned Development Permit may not authorize a land use activity that is not allowed in the base zone.
E. 
Modify standards.
1. 
The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, parking, open space, street layout, etc.) identified in this Zoning Code, with the exception of an increase in the applicable density or intensity above the allowable maximums identified in Article 2 (Zone-Specific Standards).
2. 
Residential development projects with density or intensity standards increased above the maximums identified in Article 2 (Zone-Specific Standards) may only be approved in compliance with Government Code Section 65915 and Chapter 20.330 (Affordable Housing - Density Bonuses).
(Ord. 1017, 2013)
The Commission may approve, approve in modified form, conditionally approve, or disapprove the Planned Development Permit application, based upon the findings contained in Section 20.520.060 (Findings and Decision), below.
(Ord. 1017, 2013)
An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 20.500 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Planned Development Permit applications, together with the required fee in compliance with the City's Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.520.060 (Findings and Decision), below.
(Ord. 1017, 2013)
A. 
Application consistent with the purpose of Chapter.
1. 
The Director shall analyze each Planned Development Permit application to ensure that the application is consistent with the purpose and intent of this Chapter.
2. 
The Director shall submit a staff report and recommendation to the Commission for its consideration.
B. 
Notice and hearings.
1. 
A public hearing shall be required for the Commission's action on a Planned Development Permit application.
2. 
The public hearing shall be scheduled once the Director has determined the application complete in compliance with Section 20.500.060 (Initial Application Review).
3. 
Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.625 (Public Hearings).
(Ord. 1017, 2013)
A. 
Commission's authority. The Commission may approve, conditionally approve, or disapprove an application for a Planned Development Permit and shall record the decision and the findings upon which the decision is based.
B. 
Required findings. The Commission may approve a Planned Development Permit application, with or without conditions, only if it first makes all of the following findings:
1. 
The Planned Development Permit will:
a. 
Be allowed within the subject base zone,
b. 
Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan,
c. 
Be generally in compliance with all of the applicable provisions of this Zoning Code relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this Chapter and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Chapter, and
d. 
Ensure compatibility of property uses within the zone and general neighborhood of the proposed development;
2. 
The proposed project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities [e.g., additional public art], LEED or other "green" related standards, etc.) than might otherwise occur from more typical development applications;
3. 
Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;
4. 
Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Article 2 (Zone-Specific Standards);
5. 
The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;
6. 
Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare;
7. 
The proposed development, as conditioned, will not have a substantial adverse effect on surrounding properties or their allowed use;
8. 
If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The enhanced amenities may include additional landscaping, additional private open space, private or separated entrances, etc;
9. 
The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection; and
10. 
The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Planned Development Permit.
(Ord. 1017, 2013)
A. 
Commission action on requested changes. Requested changes in the Planned Development Permit, other than those allowed by this Section, shall be submitted to the Commission for review and approval.
B. 
Added stipulations deemed reasonable and necessary. The Commission may, as a condition of approval, impose added stipulations or changes to the Planned Development Permit as it deems reasonable and necessary to carry out the purpose and intent of this Chapter.
C. 
Minor changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or an intensity of use may be approved by the Director in compliance with Section 20.565.100 (Changes to an Approved Project).
(Ord. 1017, 2013)
A. 
Landscaping. Landscaping shall be provided in compliance with Chapter 20.315 (Landscaping Standards), unless modified in compliance with this Chapter.
B. 
Off-street parking. Off-street parking provisions shall be provided in compliance with Chapter 20.320 (Off-Street Parking and Loading Standards), unless modified in compliance with this Chapter.
C. 
Signs. Signs shall be provided in compliance with Chapter 20.325 (Signs), unless modified in compliance with this Chapter.
(Ord. 1017, 2013)
An application for a Planned Development Permit shall include a development schedule in compliance with the following.
A. 
Permit application shall include development schedule. An application for a Planned Development Permit shall be accompanied by a development schedule clearly identifying, to the best of the applicant's knowledge, the approximate date when the construction of the project can be expected to begin, the anticipated rate of development, and the completion date.
1. 
The development schedule for a Planned Development Permit shall indicate the approximate time period, after the Planned Development Permit becomes effective, when construction of the project can be expected to begin, the anticipated rate of development, and the anticipated completion date.
2. 
The development schedule, if approved by the Commission, shall become a part of the Planned Development Permit and shall be adhered to by the owner of the property and the owner's successor(s)-in-interest.
3. 
The Director shall require the 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, in compliance with Section 20.565.070 (Performance Guarantees), to cover the costs of the public improvements adjacent to the proposed development before the issuance of the Building Permit for the first phase of construction.
B. 
Development schedule for phased developments. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase. The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, and before occupancy of any structure located within each particular phase of the development.
C. 
Director to review overall progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.
D. 
Director may extend development schedule. Upon a written request by the developer/property owner, for good cause shown, the Director may extend the time limits of the development schedule; provided, any request for an extension of time limits shall be on file in the office of the Director no later than 30 days before the date of expiration.
E. 
Suspension during processing of extension request. The filing of the time extension request shall suspend the actual expiration of the Planned Development Permit until the extension request is approved by the Director, except that no Building Permit shall be issued related to the Planned Development Permit during the period of suspension.
(Ord. 1017, 2013)
In approving a Planned Development Permit, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 20.520.060 (Findings and Decision), above.
(Ord. 1017, 2013)
No permits or approvals shall be issued for any use or construction involved in an application for a Planned Development Permit until and unless the Planned Development Permit shall have become final, in compliance with Section 20.565.030 (Effective Date of Permits).
(Ord. 1017, 2013)
The procedures and requirements in Chapter 20.565 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Administration) shall apply following the decision on a Planned Development Permit application.
(Ord. 1017, 2013)