The purpose of Title 10, Chapter 2, Article 23 (Planned Development Permits) is to provide a means for encouraging creative and innovative development projects and to afford maximum flexibility in site planning/property development, while protecting the integrity and character of the City and ensuring consistency with the General Plan. At the time of application submittal, a review of the configuration, design, location and effect of the proposed use shall be conducted by comparing the use to established development/site standards. 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 use against the potential negative effects it may cause.
(a)
Title 10, Chapter 2, Article 23 (Planned Development Permits) is intended to promote and encourage flexibility in all the City's zoning districts relating to property development, design, and open space areas, while protecting the public convenience, health, integrity, interest, safety, welfare, and character of the City, and ensuring consistency with the actions, goals, objectives, and policies of the General Plan and any applicable Specific Plan.
(b)
Planned development permits are encouraged and expected to produce
a comprehensive development of greater quality and imaginative land
planning concepts than that normally resulting from more traditional
development.
(c)
Variety of land uses.
(1)
In compliance with the General Plan designation(s) for the subject
site(s), the planned development permit may include an appropriate
combination of different dwelling types and a variety of land uses
which complement each other and harmonize with the existing and proposed
land uses in the surrounding neighborhood.
(2)
The provisions are intended to encourage a diversity of open space
relationships and structure heights in planned groups while ensuring
substantial compliance with the purpose and spirit of these Zoning
Regulations.
(d)
Project 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 effect(s)
it may cause.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 70, Ord. 941, eff. November 10, 2023)
A pre-application conference is strongly encouraged, and should be conducted in compliance with Section 10-2.1803.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
The application for a planned development permit shall:
(1)
Be filed at the discretion of the applicant;
(2)
Be considered by the Commission;
(3)
Be required for all development proposals incorporating flexibility
in the City's residential, commercial, and/or industrial zoning districts
relating to property development, design, and open space areas;
(4)
Not authorize a land use activity that is not allowed in the respective
zoning district;
(5)
Ensure strict compliance with the purpose of the actions, goals,
objectives, and policies of the General Plan and any applicable Specific
Plan shall be required;
(6)
Be applied to areas under single or unified ownership or control;
(7)
Not be applied to any parcel having a net area of less than five
acres. This limitation shall not apply to parcels within the VMU Zoning
District. Furthermore, the Commission may modify this requirement
if it determines that the proposed development project is suitable
for development as a single unit. Factors to be considered include
the location of the development with respect to public streets and
public open spaces; and
(8)
May propose the modification of specified development standards.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 10, Ord. 826, eff. June 28, 2013, and § 71, Ord. 941, eff. November 10, 2023)
The provisions of this article apply to all property identified
in the General Plan with one of the following designations:
(a)
Special Housing Overlay (SPL) for projects with densities in excess
of 20 dwelling units per acre;
(b)
Manufacturing Planned Development (MPD);
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 11, Ord. 826, eff. June 28, 2013, and § 72, Ord. 941, eff. November 10, 2023)
Each application shall be analyzed to ensure that it is consistent with the purpose of this article and the City's CEQA guidelines. To ensure effective implementation of General Plan policies relating to design, each application shall be reviewed in compliance with Article 20 of this chapter before determination by the Commission. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by Commission.
(§ 3, Ord. 771, eff. February 13, 2004)
Upon receipt in proper form of a planned development permit application and compliance with the City's CEQA guidelines, a hearing shall be set and notice of the hearing given in compliance with Article 29 of this chapter for all applications subject to Commission review.
(§ 3, Ord. 771, eff. February 13, 2004)
Following a hearing, the Commission shall record the decision
in writing and shall recite the findings upon which the decision is
based. The Commission may approve a planned development permit in
whole or in part, and shall impose specific development conditions.
These conditions shall relate to both on- and off-site improvements
that are necessary to accommodate flexibility in site planning/property
development, mitigate project-related adverse effects, and to carry
out the purpose and requirements of the respective zoning district.
The Commission may approve a planned development permit only if all
of the following findings are made:
(a)
The proposed development is:
(1)
Allowed within the respective zoning district;
(2)
Generally in compliance with all of the applicable provisions of
these Zoning Regulations relating to both on- and off-site improvements
that are necessary to accommodate flexibility in site planning and
property development and to carry out the purpose and requirements
of the respective zoning district, including prescribed development
standards and applicable design guidelines; and
(3)
Consistent with the actions, goals, objectives, and policies of the
General Plan.
(b)
The proposed project would produce a comprehensive development of
stable and desirable character and 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) than which might otherwise occur
from more traditional development applications.
(c)
The design, location, shape, size, operating characteristics, and
the provision of public and emergency vehicle access and public services
and utilities (e.g., drainage, fire protection, sewers, water), would
ensure that the proposed development would not endanger, jeopardize,
or otherwise constitute a hazard to the public convenience, health,
interest, safety, or welfare, or injurious to the property or improvements
in the vicinity and the respective zoning district.
(d)
The design, location, and proposed uses would be compatible with
the character of existing development in the surrounding neighborhood.
(e)
The subject site is:
(1)
Physically suitable for the type and density/intensity of development
being proposed;
(2)
Adequate in shape and size to accommodate the use and all fences
and walls, landscaping, loading, parking, yards, and other features
required by these Zoning Regulations; and
(3)
Served by streets adequate in width and pavement type to carry the
quantity and type of traffic expected to be generated by the proposed
development, and not result in any substantial traffic congestion
on surrounding streets.
(f)
The proposed project has been reviewed in compliance with the provisions
of CEQA and/or the City's environmental review procedures.
(g)
There would be no potential significant negative effects upon environmental
quality and natural resources that would not be properly mitigated
and monitored, unless a statement of overriding considerations is
adopted by the Commission.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 73, Ord. 941, eff. November 10, 2023)
(a)
Within 12 months of planned development permit approval, the permit shall be exercised in compliance with Article 32 of this chapter or the permit shall be deemed void.
(b)
If the application for the planned development permit also involves
the approval of a tentative map, the permit shall be exercised before
the expiration of the companion tentative map.
(§ 3, Ord. 771, eff. February 13, 2004)
The Director or the Commission, as appropriate, may, upon an application being filed before expiration and for good cause, grant a one time extension not to exceed 12 months, in compliance with Title 10, Chapter 2, Article 32 (Time Limits and Extensions).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 74, Ord. 941, eff. November 10, 2023)
No permit shall be issued for any use involved in an application for a planned development permit until, and unless, the same shall have become final, in compliance with Section 10-2.2910.
(§ 3, Ord. 771, eff. February 13, 2004)
An approved planned development permit may be modified in compliance with Section 10-2.1805 (Application filing), subsection (c). Minor modifications to an approved permit may be approved by the Director, in compliance with Title 10, Chapter 2, Article 31 (Changes to an Approved Project).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 75, Ord. 941, eff. November 10, 2023)
The development project's applicant/owner may be required to
provide adequate performance security for the faithful performance
of any/all conditions of approval imposed by the review authority.
(§ 3, Ord. 771, eff. February 13, 2004)
The Commission may revoke or modify a planned development permit in compliance with Article 34 of this chapter.
(§ 3, Ord. 771, eff. February 13, 2004)
All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805, Application filing; Article 29, Public Hearings; Article 30, Appeals; Article 31, Changes to an Approved Project; Article 32, Time Limits and Extensions, and Article 34, Revocations and Modifications.
(§ 3, Ord. 771, eff. February 13, 2004)
