Article 18.4 — PLANNED DEVELOPMENT

A property owner may apply for a planned development approval if such approval is required or authorized by this chapter. (Ord. 91-O-2127, eff. 11-8-1991)

All planned development applications shall contain the following information:

A. The proposed distribution, location, and extent of the uses of land, including open space, in the subject zone and adjacent to the subject site including, but not limited to, site plans, photographs, elevations, garage layouts and landscaping plans.

• B. The proposed physical improvements.

C. The proposed distribution, location, extent, and capacity of major components of public and private transportation, infrastructure, and other essential facilities proposed or affected by the proposal within the subject zone.

D. A program of implementation and operational measures which assure that the objectives of the subject zone are advanced, including a parking program.

• E. A construction management program which addresses the following issues:

1. Fugitive dust,

2. Noise attenuation,

3. Air quality,

4. Hours of operation,

5. Street circulation and parking,

6. Employee parking,

7. Truck routing and staging,

8. Public notifications,

9. Pedestrian safety,

10. Holiday season considerations,

11. Truck traffic scheduling, and

12. Coordination with other construction activities in the vicinity of the project. (Ord. 91-O-2127, eff. 11-8-1991; amd. Ord. 92-O-2150, eff. 9-11-1992)

The Planning Commission shall hold a public hearing regarding any application for a planned development. Noticing shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines. (Ord. 14-O2661, eff. 6-20-2014)

The Planning Commission may approve a planned development if the commission finds that the proposal will meet the requirements of this Code and will advance objectives of the zone in which it is located. The Planning

Commission may impose such conditions and restrictions on the approval as are necessary to ensure that the planned development will advance objectives of the zone.

A. Vested Rights: The approval of a planned development shall not create any right to an extension of such approval or any vested right to develop the subject property in a manner that does not comply with the laws and regulations in effect at the time that the applicant obtains a building permit.

B. Notice Of Decision: Notice of the decision of the Planning Commission shall be provided to the applicant in the manner specified for notice of a hearing pursuant to section 10-3-1843 of this chapter.

C. Traffic Monitoring After Development Approval: The Planning Commission shall require as a condition of a planned development approval that the traffic generated by the development be periodically monitored, at the expense of the applicant, to ensure that the actual levels of traffic do not significantly exceed the levels of traffic anticipated by the environmental review of the development when it was approved. In the event that such monitoring shows there has been a significant increase in the anticipated traffic generation, the Planning Commission may impose additional traffic mitigation measures on the development that are reasonably necessary to mitigate the traffic to the anticipated levels. (Ord. 11-O-2610, eff. 8-7-2011)

The decision of the Planning Commission pursuant to this article may be appealed by the City Council in the manner provided by title 1, chapter 4, article 1 of this Code. (Ord. 91-O-2127, eff. 11-8-1991)

Prior to the issuance of any building permit for construction authorized by a planned development approval pursuant to this article, the applicant shall provide the City with one of the following:

A. A performance bond or other security, in an amount satisfactory to the Director of Building and Safety, and in a form satisfactory to the City Attorney to ensure that the subject project will be completed as authorized by the building permit for such project, or

B. Evidence, satisfactory to the Director of Finance Administration, which demonstrates that the planned development approval applicant has the financial capability to complete the subject project as authorized by the building permit for such project. Such evidence may include, but shall not be limited to, proof of adequate construction financing. (Ord. 91-O-2127, eff. 11-8-1991)

Unless otherwise provided in a resolution, development agreement, or other City approval granting a planned development approval, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 11-O-2610, eff. 8-7-2011)