Chapter 23.41 — RESIDENTIAL PLANNED DEVELOPMENT PERMITS

This chapter establishes procedures for consideration and review of residential planned development permits. The residential planned development permit procedure is intended to ensure compliance with the provisions of this title. At the time of application for a residential planned development permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards. This review shall determine whether the permit should approved by weighing the public need for and the benefit to be derived from the use against the impacts it may cause.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The procedures in this chapter shall apply to:

(A) A residential planned development permit shall be required for all uses and structures within the RL, RM, and RH zones, including all two-story, second-story or multi-story additions; however, none shall be required for the following:

(1) An alteration or enlargement of an existing dwelling unit which increases the floor area of the dwelling by not more than 50%, except second story additions as noted above; or

• (2) An alteration or enlargement of a garage or carport.

• (B) A residential planned development permit shall be required under the following circumstances for property within the CMU, CBD, EMC, AC, and PF zones:

• (1) For a new residential building or structure; or

• (2) For the enlargement of an existing residential building or structure.

• (C) The following projects are exempt from the residential planned development permit process:

• (1) Small projects with less than six units; and

• (2) Those projects that are "by-right" under governing statutes, including but not limited to projects that are 20% affordable on up-zoned sites, 20% affordable on prior Housing Element Sites Inventory sites, or SB 35 projects.

(D) Projects subject to the Housing Accountability Act or other statutes that limit discretion to objective standards and criteria are subject only to objective findings in this chapter.

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The responsibility for review and approval of residential planned development permits shall be as follows:

• (A) Residential Planned Development Permit (RL zone). This permit is subject to approval by the Community Development Director.

• (B) Residential planned development permit (RM and RH zones). This permit is subject to approval by the Planning Commission.

(C) Residential planned development permit (CMU, CBD, EMC, AC, and PF zones). A residential planned development permit related to the use of real property shall be approved, modified, or rejected by the Planning Commission.

• (Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4848, passed 9-8-25)

Applications for a residential planned development permit shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in § 23.31.020. In addition to any other application requirements, the application for a residential planned development permit shall include evidence showing that the requested residential planned development permit conforms to the required findings set forth in § 23.41.070. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

An investigation of facts for each residential planned development permit application shall. Be made by the Director of Community Development to ensure that the action on each application is consistent with the intent and purpose of this chapter. A report on the investigation shall be prepared and made available to members of the Planning Commission.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Public notice. An application for a residential planned development permit shall require a public notice prior to the Planning Commission decision, pursuant to § 23.31.050.

(B) Public hearing. An application for a residential planned development permit shall require a public hearing before the Planning Commission, pursuant to § 23.31.060.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

Following a public hearing on the residential planned development permit application, the decision making body vested with the authority for final determination shall approve the application only if the findings of fact below can be made. The final decision making body shall impose specific development conditions relating to both on and off site improvements (for example, streets, traffic-control devices, street lighting, fire hydrants, and the like) upon a residential planned development permit as it finds are reasonable and necessary to carry out the purpose and requirements of this chapter.

• (A) The proposed use is permitted under this title;

• (B) With appropriate conditioning, the proposed use complies with the purpose and intent of this title and the city's General Plan;

(C) With appropriate conditioning, the proposed development would be physically suitable for the lot or lots on which it is proposed;

(D) With appropriate conditioning, the proposed use would be compatible with existing and future land uses within the general area in which the proposed use is located;

(E) With appropriate conditioning, there would be adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

(F) With appropriate conditioning, there would be adequate provisions for public access to serve the subject proposal;

(G) The residential planned development permit and tentative map, if required, are internally consistent and in conformance with the applicable density designation as shown on the General Plan;

• (H) The design of the proposed new unit(s) fulfills the purpose of the respective zone;

• (I) The design of the proposed new unit(s) fulfills the requirements set forth in this title;

• (J) The area of open space, landscaping, parking and other communal facilities are consistent with the anticipated population of the development.

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

No permit shall be issued for any use involved in an application for approval of a residential planned development permit, until and unless the same shall become final.

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Department of Community Development shall be responsible for monitoring and enforcing the conditions of approval and standards imposed on all residential planned development permits granted by the city and this title. Any use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this title or any condition of approval, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in Chapter 1.12 of this code, and/or revocation procedures initiated pursuant to § 23.41.100 below. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Appeals. Residential planned development permit decisions may be appealed as provided for in § 23.31.120. (B) Expiration, extensions, and revisions. Residential planned development permits may only be expired, extended or revised as provided for in Chapter 23.31.

(C) Revocation. Residential planned development permit approval may be revoked pursuant to § 23.31.110 if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)