This chapter is intended to promote and encourage maximum flexibility in the residential, commercial, and industrial zoning districts of the City related to site planning, property development, cluster development, and the provision of open areas, while:
A. 
Encourage. Encouraging innovation and creativity in the design and development of the residential, commercial, and industrial areas of the City;
B. 
Ensure. Ensuring consistency with the General Plan and any applicable specific plan, precise road plan, or master development plan; and
C. 
Protect. Protecting the public health, safety, welfare, integrity, and character of the residential, commercial, and industrial areas of the City.
(Prior code § 16-545.010)
The Commission is the Review Authority for planned development permits based on recommendation by the Development Review Committee and subject to appeal to the Council in compliance with Chapter 16.100 (Appeals).
(Prior code § 16-545.020)
A. 
Scope of Approval. Planned development permits are encouraged to produce a development of equal or greater quality than might otherwise occur with a more traditional development proposal. Therefore:
1. 
The planned development permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope, off-street parking, street layout, etc.) contained within this Development Code, with the exception of density/ intensity and outer perimeter front and side setback provisions;
2. 
The proposal for the planned development permit shall include open space and aesthetic, recreational, and/or other amenities that enhance the planned development and the community;
3. 
Only uses allowed in the zoning district for which the planned development is proposed shall be allowed; and
4. 
Strict compliance with the General Plan shall be required.
B. 
Review.
1. 
At the time of application submittal, a review of the configuration, design, location, and effect of the proposed development shall be conducted by the Director.
2. 
This review shall determine whether the permit should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed development against the potential negative effects it may cause.
(Prior code § 16-545.030)
An application for a planned development permit shall be filed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees) and shall include all information identified in the Department handout for planned development permits.
A. 
Pre-Application Conference. A pre-application conference with the Director shall be strongly encouraged before submittal of a formal planned development permit application in compliance with Section 16.84.030 (Pre-application conference).
B. 
Filing.
1. 
Formal Application. The applicant may file a formal application either after a pre-application conference or without first participating in a pre-application conference.
2. 
Fee. The application shall be filed with the fee required by the Council's fee resolution.
3. 
Additional Information. The application shall contain any additional information beyond that required by the Department handout determined to be necessary by the Director based on the characteristics of the area to be covered by the plan, applicable policies of the General Plan, and any applicable specific plan, precise road plan, or master development plan, or any other issue(s) determined by the Director to be significant.
C. 
Consistency. Each application shall be analyzed by the Director to ensure that it is consistent with the purpose and intent of this chapter and the City's CEQA Guidelines.
D. 
Development Review Committee (DRC). The DRC shall review the proposed planned development permit and forward a written recommendation to the Director.
E. 
Notice and Hearings.
1. 
Following review by the Director, a public hearing shall be conducted by the Commission.
2. 
Public noticing, and the conduct of the hearing, shall be in compliance with Chapter 16.88 (Review Procedures) for actions in which the Commission is the Review Authority.
(Prior code § 16-545.050; Ord. 011-11 C.S. § 1, eff. 10-27-11)
After a public hearing, the Commission shall provide the decision with the findings of fact on which the decision is based in writing. It is the responsibility of the applicant to establish evidence in support of the required findings. The planned development permit shall be approved, with or without conditions, only if all of the following findings of fact can be made:
A. 
The proposed development would:
1. 
Be allowed within the subject zoning district;
2. 
Generally comply with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate maximum flexibility in site planning and property development and to carry out the purpose, intent, and requirements of the respective zoning district, including prescribed development standards; and
3. 
Be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan, precise road plan, or master development plan;
B. 
There are adequate provisions for public utilities and services to ensure that the proposed development would not be detrimental to public health and safety;
C. 
The establishment, maintenance, or operation of the proposed activity at the location proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
D. 
The subject site would be:
1. 
Physically suitable for the type and density/intensity of use and structure(s) being proposed including the provision of services (e.g., sanitation, utilities, and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.);
2. 
Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code; and
3. 
Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development.
E. 
The proposed development would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than might otherwise occur from more traditional development applications;
F. 
The proposed design and development is innovative and creative and in compliance with the standards identified in Chapter 16.68 (Planned Development Permit Standards); and
G. 
The proposed permit would be in compliance with provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
(Prior code § 16-545.060)
The Director shall provide written notice of the decision on the planned development permit application to the applicant and interested parties within 10 days following the public/final date of the decision.
(Prior code § 16-545.070)
In approving a planned development permit, the requirements of the Development Code are considered a minimum and the Commission may impose specific development conditions relating to the location, establishment, construction (both on- and off-site improvements), operation, and maintenance of the proposed activity, as it finds are reasonable and necessary to:
A. 
Compliance With Findings. Ensure the approval would be in compliance with the findings required by Section 16.144.060 (Findings and decision);
B. 
Compliance With Development Code. Ensure compliance with specific standards and provisions of this Development Code (e.g., density/intensity and outer perimeter setback provisions);
C. 
Compliance With Zoning District. Ensure compliance with the purpose, intent, and requirements of the respective zoning district and any applicable overlay zone;
D. 
Compliance With Planned Development Permit Standards. Ensure compliance with the standards identified in Chapter 16.68 (Planned Development Permit Standards);
E. 
Accommodate Flexibility. Accommodate flexibility in site planning/property development; and
F. 
Mitigate Impacts. Mitigate project-related adverse effects.
(Prior code § 16-545.080)
All work performed under a building permit for which drawings and plans have been approved under the procedures and requirements of this chapter shall conform to the approved drawings and plans.
(Prior code § 16-545.090)
Unless otherwise stated below, the requirements for use of property; owner responsibility; issuance of a business license, building permit, or certificate of occupancy; performance guarantees; maintenance; and review of the project following approval of a planned development permit shall be in compliance with Chapter 16.92 (Implementation Procedures, Conditions, and Requirements). In addition, the following procedures may apply after approval of a planned development permit:
A. 
Appeals. Appeals in compliance with Chapter 16.100 (Appeals);
B. 
Effective Date. A planned development permit shall be effective after expiration of the 10-day appeal period in compliance with Section 16.92.090 (Effective date) or after approval of the final subdivision map by the Council if the land is to be subdivided, but no sooner than 10 days following approval by the Commission;
C. 
Changes to a Planned Development Permit. Changes to the project in compliance with Chapter 16.104 (Changes to an Approved Project);
D. 
Expiration/Extension. Expiration and extensions in compliance with Chapter 16.96 (Expiration and Extensions); and
E. 
Revocation/Modification. Revocation or modification in compliance with Chapter 16.108 (Revocation and Modification).
(Prior code § 16-545.100)