§ 9107.15

A.

Allowed Development Projects. A Planned Development Permit may only be requested for a residential, industrial, office, retail, mixed-use, or business campus-type development project.

B.

Minimum Site Area. A Planned Development Permit may only be requested for a site(s) with a minimum of one and one-half acres of total gross land area.

C.

Planned Development Permit Precedes Building or Grading Permits. For projects proposing a Planned Development Permit, a Building or Grading Permit shall not be issued until the Planned Development Permit has been approved in compliance with this Section.

D.

Activities Only Allowed in Base Zone. A Planned Development Permit may not authorize a land use activity that is not allowed in the base zone.

E.

Modify Standards.

1.

The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, parking, open space, street layout, etc.) identified in this Development Code, with the exception of an increase in the applicable density or intensity above the allowable maximums identified in Division 2 (Zones, Allowable Uses, and Development Standards).

2.

Residential development projects with density or intensity standards increased above the maximums identified in Division 2 (Zones, Allowable Uses, and Development Standards) may only be approved in compliance with Government Code Section 65915 and Section 9103.15 (Density Bonuses for Affordable or Senior Housing).

9107.15.030 - Applicability Filing, Processing, and Review.

An application for a Planned Development Permit shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Planned Development Permit applications, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9107.15.060 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

The Commission may approve, approve in modified form, conditionally approve, or deny the Planned Development Permit application, based upon the findings contained in Section 9107.15.060 (Findings and Decision), below.

9107.15.050 - Project Review, Notice, and Hearing.

A.

Application Consistent with the Purpose of this Section.

1.

Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

The Director shall submit a staff report and recommendation to the Commission for its consideration.

B.

Notice and Hearings.

1.

A public hearing shall be required for the Commission's action on a Planned Development Permit application.

2.

The public hearing shall be scheduled once the Director has determined the application complete in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

3.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

9107.15.060 - Findings and Decision.

A.

Commission's Authority. The Commission may approve, conditionally approve, or deny an application for a Planned Development Permit and shall record the decision and the findings upon which the decision is based.

B.

Required Findings. The Commission may approve a Planned Development Permit application, with or without conditions, only if it first makes all of the following findings:

1.

The Planned Development Permit will:

a.

Be allowed within the subject base zone;

b.

Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan;

c.

Be generally in compliance with all of the applicable provisions of this Development Code relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this Section and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Section; and

d.

Ensure compatibility of property uses within the zone and general neighborhood of the proposed development.

2.

The proposed project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities [e.g., additional public art], LEED or other "green" related standards, etc.) than might otherwise occur from more typical development applications;

3.

Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and general welfare;

Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed into the development to ensure access for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards specified in Division 2 (Zones, Allowable Uses, and Development Standards);

5.

The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;

6.

Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare;

7.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use;

8.

If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The enhanced amenities may include additional landscaping, additional common and/or private open space, private or separated entrances, etc.;

9.

The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection; and

10.

The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority in the approval of the Planned Development Permit.

9107.15.070 - Planned Development Permit Amendment.

A.

Commission Action on Requested Changes. Requested changes in the Planned Development Permit, other than those allowed by this Section, shall be submitted to the Commission for review and approval.

B.

Added Stipulations Deemed Reasonable and Necessary. The Commission may, as a condition of approval, impose added stipulations or changes to the Planned Development Permit as it deems reasonable and necessary to carry out the purpose and intent of this Section.

C.

Minor Changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or an intensity of use may be approved by the Director in compliance with Subsection 9107.11.100 (Changes to an Approved Project).

A.

Landscaping. Landscaping shall be provided in compliance with Section 9103.09 (Landscaping Standards), unless modified in compliance with this Section.

B.

Off-street Parking. Off-street parking provisions shall be provided in compliance with Section 9103.07 (OffStreet Parking and Loading), unless modified in compliance with this Section.

C.

Signs. Signs shall be provided in compliance with Section 9103.11 (Signs), unless modified in compliance with this Section.

An application for a Planned Development Permit shall include a development schedule in compliance with the following:

A.

Permit Application Shall Include Development Schedule. An application for a Planned Development Permit shall be accompanied by a development schedule clearly identifying, to the best of the applicant's knowledge, the approximate date when the construction of the project can be expected to begin, the anticipated rate of development, and the completion date.

1.

The development schedule, if approved by the Commission, shall become a part of the Planned Development Permit and shall be adhered to by the developer/property owner and the owner's successor(s)-in-interest.

2.

The Director shall require the posting of cash, a certificate of deposit, or a performance bond issued by a corporate surety company, in an amount to be determined by the City Engineer, in compliance with Subsection 9108.11.070 (Performance Guarantees), to cover the costs of the public improvements

adjacent to the proposed development before the issuance of the Building Permit for the first phase of construction.

B.

Development Schedule for Phased Developments. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase. The developer/property owner shall construct all amenities shown and landscape all open spaces within each phase as it is completed, and before occupancy of any structure located within each particular phase of the development.

C.

Director to Review Overall Progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.

D.

Commission May Extend Development Schedule. Upon a written request by the developer/property owner, for good cause shown, the Commission may extend the time limits of the development schedule; provided any request for an extension of time limits shall be on file in the office of the Director no later than 30 days before the date of expiration.

E.

Suspension During Processing of Extension Request. The filing of the time extension request shall suspend the actual expiration of the Planned Development Permit until the extension request is approved by the Commission, except that no Building Permit shall be issued related to the Planned Development Permit during the period of suspension.

In approving a Planned Development Permit, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the findings required by Subsection 9107.15.060 (Findings and Decision), above.

9107.15.110 - Use of Property Before Final Action.

No permits or approvals shall be issued for any use or construction involved in an application for a Planned Development Permit until and unless the Planned Development Permit shall have become final, in compliance with Subsection 9108.11.030 (Effective Dates of Permits).

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the decision on a Planned Development Permit application.

Section 9107.17 - Reasonable Accommodation