The specific purposes of the planned development overlay district
are to:
A.
Encourage
high quality, innovative and creative development design, and possibilities
for varied or mixed uses consistent with the General Plan, by allowing
flexibility in underlying zoning standards.
B.
Provide
a mechanism for preservation of open space, natural or historic features
while continuing to permit efficient use of land.
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The :PD overlay district may be combined with any principal
zoning district consistent with the purpose and provisions of this
district. Any lot(s) with an approved :PD shall be shown on the zoning
map together with the file number (e.g., PD 00-030).
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A.
Permitted
Variations. The :PD overlay district provides for variations to the
underlying principal district regulations and standards, excluding
density and floor area ratio ranges (which are established by the
General Plan). Development regulation variations may include, but
are not limited to: setbacks, yards, height limitations, street standards,
parking and loading, landscaping, open space, and lot area. The :PD
development may also shift uses in the underlying principal zoning
district between conditional and permitted use categories.
B.
Applicable
Regulations. The regulations and standards established by the :PD
overlay district are an alternative to the regulations of the underlying
district, and in the event of a conflict between the two, the provisions
of the :PD district shall apply. Where the :PD does not specifically
modify the zoning standards of the underlying principal district,
the regulations and standards of the principal district shall remain
in force.
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A.
Application.
An application to reclassify property to a :PD overlay district shall
be initiated by a property owner or authorized agent, or the City
Council. If the property is not under single ownership, all owners
shall join in an application initiated by property owners.
B.
Pre-application
Review. Prior to submitting an application for a :PD rezoning, a pre-application
review is required. A letter of intent and a sketch plan shall be
submitted. In addition, the applicant shall provide a general comparison
between underlying district regulations and standards and the proposed
regulations and standards describing the improvements that result
from use of alternative standards.
The purpose of the pre-application review is to determine whether
the proposed :PD regulations advance the purposes of the :PD district
and that a superior design and development will result that could
be achieved under the principal zoning district. The pre-application
review shall provide the basis for a formal :PD rezoning application.
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The Planning Commission in recommending approval of the :PD
overlay, and the City Council, in approving a :PD associated with
an individual development approval, must make the following findings:
A.
The
development is superior overall to a similar project designed to meet
the standards of this title and of the underlying district in which
it is located; and
B.
Any
variations from the standards of this title and the district in which
the development is located are justified by the high quality design
of the proposed development when taken together as a whole; and
C.
Each
phase (if any) of the development, as well as the development as a
whole, can exist as an independent unit capable of creating an environment
of sustained desirability and stability; and
D.
The
proposed development is planned in coordination and compatible with
the existing and planned uses in the surrounding area; and
E.
The
proposed structure(s) and/or use(s) are consistent with the General
Plan and any applicable specific plan or other adopted plan; and
F.
Any
conditions stipulated as necessary in the public interest have been
imposed; and
G.
The
proposed structure(s) and/or use(s) will not be detrimental to the
public health, safety and welfare of the community.
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A.
Design
Review Required. Design review pursuant to this title shall be required
for any and all development on a site zoned :PD.
B.
Findings.
In addition to standard findings required for approving a design review
permit, the decision-making body must make the finding that the proposed
development is consistent with the approved :PD.
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The ordinance approving an individual :PD shall clearly describe,
through text and map exhibits, all zoning standards that have been
varied and that apply as a result of the :PD, and shall describe any
future minor modifications to these standards that may be handled
as an exception.
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A.
Effective
Dates. :PD overlay district designations effective prior to the effective
date of date of the ordinance codified in this chapter and retained
as part of this chapter shall remain in effect. :PD ordinances adopted
at a later date shall be effective on the same date as the subsequent
ordinance is effective.
B.
If
No Construction Occurs. If no action has been taken on an PD development
approval within five years (or other time frame specified by the approval),
the city may initiate rezoning of the property.
C.
Violations.
Any violation of a condition of approval of a :PD zoning or a provision
of this chapter shall be grounds for city initiation of a rezoning
action.
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Requests for changes in the contents of an approved :PD overlay district shall be treated as a zoning amendment as described in Chapter 17.66, except that minor modifications to the specific standards established in the :PD on the order of the exceptions described in Chapter 17.56 may be handled as exceptions, where the Community Development Director finds that the minor modification is in character with the surrounding neighborhood and where such modification will not unreasonably affect abutting sites.
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