§ 19.118

The Planned Development Permit allows for review and approval of customized development standards for projects where flexibility in standards can produce unique living and business environments. The Planned Development Permit is intended to:

A.

Provide for efficient use of land and excellence of design. Create a process that provides for flexibility in the application of Development Code standards to proposed development projects under limited and unique circumstances. The purpose is to allow consideration of innovate site planning and project design; more effective design responses to site features, uses on adjoining properties, and environmental impacts; produce a more efficient use of land; and achieve higher quality site planning and excellence of design than

may otherwise be possible through the strict application of the development standards specified in Article 2 (Zones, Allowable Uses, and Development Standards) and Article 3 (Regulations Applicable to all Zones);

B.

Provide for enhanced amenities and innovation in energy efficiency. Require enhanced amenities (e.g., additional and enhanced private and public open space areas) and provide incentives for enhanced energyefficiency and sustainable building approaches than generally required by this Development Code; and

C.

Meet city's expectations. Meet the City expectations that each Planned Development Permit project be of obvious and significantly higher quality than would be achieved through conventional design practices and standards.

A.

Allowed development projects. A Planned Development Permit may only be requested for a residential, industrial, office, commercial 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 acre of 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 and become effective in compliance with this Chapter.

D.

Allow land uses limited to those allowed in the base zone. A Planned Development Permit may not authorize a land use activity that is not allowed in the base zone. However, a separate Minor Use Permit or Conditional Use Permit may be processed concurrently, if required by this Development Code.

E.

Modify standards.

1.

The Planned Development Permit may adjust or modify any applicable development standard (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, parking, open space, street layout, etc.) specified in this Development Code, with the exception of an increase in the applicable density or intensity specified in Article 2 (Zones, Allowable Uses, and Development Standards).

2.

Residential development projects with density or intensity standards increased above the maximums specified in Article 2 (Zones, Allowable Uses, and Development Standards) may only be approved in compliance with Government Code Section 65915 and Chapter 19.64 (Density Bonus for Affordable Housing).

3.

Any request to adjust or modify applicable development standards shall include clear, written justification for each adjustment or modification, and shall include proposals for enhanced on- and off-site amenities that contribute to the overall quality of the development project.

An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for Planned Development Permit applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.118.050 (Findings and Decision), below. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 19.112.070 (Initial Review of Application).

19.118.040 - Project review, notice, and hearing.

A.

Application consistent with the purpose of chapter.

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 Chapter.

2.

The Director shall submit a staff report and recommendation to the Commission for its consideration. In particular, the staff report shall describe the proposed project enhancements that justify deviation from the standard development requirements that would otherwise apply.

B.

Notice and hearings.

1.

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

The public hearing shall be scheduled once the Director has deemed the application complete in compliance with Section 19.112.070 (Initial Review of Application).

3.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

19.118.050 - Findings and decision.

A.

Commission as review authority. The Commission shall serve as the applicable review authority and 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 or conditionally approve a Planned Development Permit application only after first making all of the following findings:

1.

The Planned Development Permit will:

a.

Accommodate a use that is allowed within the subject base zone;

b.

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

c.

Be generally in compliance with all of the applicable provisions of this Development Code 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, intent, and requirements of this Chapter and the subject base zone(s), including prescribed development standards and applicable design guidelines, except for those provisions adjusted/modified in compliance with this Chapter; and

d.

Ensure compatibility of property uses in the surrounding neighborhood.

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 and materials, significantly increased amounts and

varieties of hardscape and landscape and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities, energy-efficient related standards and guidelines [i.e., sustainable design practices] in compliance with Chapter 19.52 [Sustainable Design Practices], etc.) than might otherwise occur from more typical development applications;

3.

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

4.

Appropriate on-site circulation (e.g., pedestrian and vehicular) and traffic control is designed into the development to ensure facilities equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards specified in Article 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 private open space, pirate or separated entrances, etc; and

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, and scale.

19.118.060 - Planned development permit amendments.

A.

Commission action on requested changes. Requested changes to an approved 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 Chapter.

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 substantial change in intensity of use may be approved by the Director in compliance with Section 19.130.080 (Changes to an Approved Project).

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 the findings required by Section 19.118.050 (Findings and Decision), above.

The procedures and requirements in Chapter 19.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 8 (Development Code Administration) shall apply following the decision on a Planned Development Permit application.

Chapter 19.120 - REASONABLE ACCOMMODATIONS

Sections: