The intent and purpose of the nonresidential planned development
regulations are to:
(1)
Ensure that nonresidential projects develop in accordance with the
general plan and all applicable specific and master plans;
(2)
Provide for nonresidential projects which are compatible with surrounding
developments;
(3)
Provide a method to approve separate ownership of units within multiple-unit
buildings or upon a parcel of land containing more than one unit;
(4)
Provide for a method to approve separate ownership of planned unit
development lots defined herein;
(5)
Provide for conversion of existing developments to condominiums provided
such conversion meets the intent of this chapter and comply with the
requirements of the underlying zone.
(Ord. 9685 § 1, 1983)
The City Council, Planning Commission or City Planner, as provided
in this chapter, may approve a permit for a nonresidential planned
development in any industrial, commercial or office zone, or combination
of zones subject to the requirements thereof except as they may be
modified in accord with this chapter.
The application for a nonresidential planned development shall
state whether the applicant intends to develop the project as a planned
unit development, condominium project or stock cooperative project.
For purposes of this chapter, a planned unit development is defined
by Section 11003 of the Business and Professions Code of the state
and a condominium project is defined by Section 4100 of the California
Civil Code.
(Ord. 9685 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-102 § XCIII, 2010; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXXV, 2012; Ord. CS-242 § 2, 2014)
Any principal use, accessory use, transitional use or conditional
use permitted in the underlying zone is permitted in a nonresidential
planned development.
(Ord. 9685 § 1, 1983)
A.
An
application for a nonresidential planned development permit may be
made by the owner of the property affected or the authorized agent
of the owner. The application shall:
1.
Be
made in writing on a form provided by the City Planner;
2.
State
fully the circumstances and conditions relied upon as grounds for
the application;
3.
State
whether the applicant intends to develop the project as a planned
unit development, condominium project or stock cooperative project;
4.
Be
accompanied by adequate plans, a legal description of the property
involved and all other materials as specified by the City Planner;
5.
Be
accompanied by a tentative map or tentative parcel map, as applicable,
in accordance with Title 20 of this code;
6.
If
the applicant contemplates the construction of a nonresidential planned
development in phases, the application shall so state and shall include
a proposed phasing schedule;
7.
If
the applicant proposes to convert existing buildings to a nonresidential
planned development, the plans shall reflect the existing buildings
and show all proposed changes and additions.
B.
At
the time of filing the application, the applicant shall pay the application
fee contained in the most recent fee schedule adopted by the City
Council.
(Ord. 9685 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXXVI, 2012)
A.
Notice
of an application for a nonresidential planned development permit
for less than five units or lots shall be given pursuant to the provisions
of Section 21.54.060.B and 21.54.061.
B.
Notice
of an application for a nonresidential planned development permit
for five or more units or lots shall be given pursuant to the provisions
of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. 9685 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-178 § LXXXVI, 2012)
A.
Applications
for nonresidential planned development permits shall be acted upon
in accordance with the following:
1.
Nonresidential
Planned Development Permit for Less Than Five Units or Lots.
a.
An application for a nonresidential planned development permit for
less than five units or lots may be approved, conditionally approved
or denied by the City Planner based upon his/her review of the facts
as set forth in the application, of the circumstances of the particular
case, and evidence presented at the administrative hearing, if one
is conducted pursuant to the provisions of Section 21.54.060.B.2 of
this title.
2.
Nonresidential
Planned Development Permit for Five or More Units or Lots.
a.
An application for a nonresidential planned development permit for
five or more units or lots may be approved, conditionally approved
or denied by the Planning Commission based upon its review of the
facts as set forth in the application, of the circumstances of the
particular case, and evidence presented at the public hearing.
(Ord. 9685 § 1, 1983; Ord. CS-178 § LXXXVI, 2012)
A.
The
decision-making authority shall approve or conditionally approve a
nonresidential planned development permit only if it finds that all
of the following facts exist:
1.
The
granting of this permit will not adversely affect and will be consistent
with the code, the general plan, applicable specific plans, master
plans, and all adopted plans of the city and other governmental agencies;
2.
The
proposed use at the particular location is necessary and desirable
to provide a service or facility which will contribute to the general
well-being of the neighborhood and the community;
3.
Such
use will not be detrimental to the health, safety or general welfare
of persons residing or working in the vicinity, or injurious to property
or improvements in the vicinity;
4.
The
proposed nonresidential planned development meets all of the minimum
development standards of the underlying zone, except for lot area;
5.
In
granting a nonresidential planned development permit, the decision-making
authority may modify the plan or impose such conditions as it deems
necessary to protect the public health, safety and general welfare.
(Ord. 9685 § 1, 1983; Ord. CS-178 § LXXXVI, 2012)
When a decision on a nonresidential planned development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
(Ord. 9685 § 1, 1983; Ord. NS-176 §§ 6, 18, 1991; Ord. NS-352 § 3, 1996; Ord. NS-506 § 4, 1999; Ord. NS-675 § 43, 2003; Ord. CS-178 § LXXXVIII, 2012)
(Ord. NS-675 § 44, 2003; Ord. CS-164 § 10, 2011; Ord. CS-178 § LXXXVIII, 2012)
All nonresidential planned developments shall comply with all requirements and development standards of the underlying zone and all requirements of Title 20 (Subdivision Ordinance), with the following exception: nonresidential planned unit developments as defined herein may create lots that do not meet the requirements of Title 20 of the underlying zone. There are no size nor configuration standards for such lots beyond those imposed as a part of the permit, but they shall be reasonable as to intended use and relation to the project and the surrounding area and shall meet the intent and purpose of this chapter as stated herein.
(Ord. 9685 § 1, 1983)
(a)
Conversion of existing buildings to a nonresidential planned development
which is a condominium, planned unit development or stock cooperative
shall be processed in the same manner and meet all the standards prescribed
in this chapter for a nonresidential planned development. In addition,
the structure to be converted must meet present city building regulations.
(b)
An application for conversion of an existing structure to a nonresidential
planned development shall include building plans indicating how the
building relates to present building and zoning regulations and where
modifications will be required. Also, the application shall include
a letter from San Diego Gas and Electric explaining that the plans
to connect the gas and electric system to separate systems is acceptable.
(Ord. 9685 § 1, 1983)
A.
The expiration period for an approved nonresidential planned development permit shall be as specified in Section 21.58.030 of this title.
(Ord. 9685 § 1, 1983; Ord. CS-178 § LXXXIX, 2012)
Building permits for construction within the proposed nonresidential
planned development shall not be issued until a final subdivision
map has been recorded for the project. A final map which deviates
from the conditions imposed by the permit shall not be approved.
(Ord. 9685 § 1, 1983)
A certification of occupancy shall not be issued for any structure
in a nonresidential planned development until all improvements required
by the permit have been completed to the satisfaction of the City
Engineer, City Planner and the Community and Economic Development
Director.
(Ord. 9685 § 1, 1983; Ord. NS-675 §§ 76, 79,
2003; Ord. CS-164 §§ 10,
14, 2011)
All private streets, walkways, parking areas, landscaped areas,
storage areas, screening, sewers, drainage facilities, utilities,
open space, recreation facilities and other improvements not dedicated
to public use shall be maintained by the property owners. Provisions
acceptable to the city shall be made for the preservation and maintenance
of all such improvements prior to the issuance of building permits.
(Ord. 9685 § 1, 1983)
