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)
Each proposal for a planned development permit shall conform to the requirements of the planned development permit standards (Chapter 16.68).
(Prior code § 16-545.040)
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.
(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:
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);
(Prior code § 16-545.100)
