El Cerrito Municipal Code Ch. 19.14 Planned Development District (-Pd)

The specific purpose of the -PD Planned Development district is to provide for detailed review of development that warrants special review and deviations from the existing development standards. This district is also intended to provide opportunities for creative development approaches and standards that will achieve superior community design, environmental preservation and public benefit, in comparison to subdivision and development under district regulations.

(Ord. 2008-2 Div. II (part), 2008.)

A. Rezoning Required for Approval of a Planned Development District. Approval of a Planned Development district shall constitute an amendment to the Official Zoning Map wherein the base-zoning district is combined with the -PD district for those parcels identified in the Planned Development application.

B. Land Use and Density Regulations. The land use and density requirements within a -PD Planned Development district shall be as provided in the approved -PD district.

C. Modification of Standards. The City Council may approve a Planned Development district that deviates from the minimum lot area, yard requirements, building heights, other physical development standards, and land use and density requirements of other zoning districts.

D. Development Agreement. A development agreement processed pursuant to Chapter 19.41 will be required for the establishment of a development application within a Planned Development District.

E. Minimum Size for a Planned Development District. A PD shall only be considered for an area at least 10,000 square feet in size.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § IX, 4-20-2009)

A. Reference to Rezoning Procedures. Applications for approval of a Planned Development district shall be accepted and processed pursuant to Chapter 19.40, Amendments to Zoning Map and Text.

B. Reference to Use Permit Procedures. Applications for approval of a Planned Development use permit shall be accepted and processed in the same manner as a Conditional Use Permit, pursuant to Chapter 19.32, Common Procedures and Chapter 19.34, Use Permits, although additional information is required to be submitted in order to determine that the intent of the Zoning Ordinance and General Plan are met. It is not required that the Planned Development use permit be processed concurrently with a planned development rezone and development agreement. However, final approval of a use permit for a Planned Development must occur simultaneously with or subsequent to rezoning.

C. Decision-Making Body. An application for a Planned Development District rezone shall be reviewed at a public hearing by the Planning Commission and the Planning Commission shall make a recommendation to City Council. The City Council shall consider the recommendation of the Planning Commission at a public hearing, and act on the proposed Planned Development District rezone. An application for a Planned Development Use Permit and associated Development Agreement shall be reviewed and considered by the Planning Commission. The Planning Commission shall be the final decision authority on the Planned Development use permit (unless appealed). The Planning Commission shall make a recommendation on the Planned Development District and Development Agreement to the City Council. The City Council shall be the final decision authority on the Development Agreement.

D. Initiation. The City Council, the Planning Commission, property owners in the area that is the subject of an application or their agent may initiate the application by petition for a Planned Development District or Use Permit.

E. Pre-Application Review. Prior to submitting an application for a Planned Development District or Use Permit an applicant shall schedule a pre-application review conference with the Zoning Administrator.

F. Planned Development District and Use Permit Requirements. Applications for approval of a Planned Development Permit shall contain all of the following information plus any additional information required by staff:

1. Project Boundaries. A map showing the proposed project boundaries, the perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, and the location of buildings, roads, parking and open areas.

2. Topography. The existing and proposed changes in topography of the site, including the degree of land disturbance, the location of drainage channels or watercourses and the direction of drainage flow.

3. Utilities—Existing Structures and Trees. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site. The location of any existing structures and trees on-site or in the adjoining right-of-way designated for retention or removal.

4. Site Plan. A site plan showing the precise dimensions and locations of existing and proposed structures, buildings, streets, parking, yards, pathways, open spaces and other public or private facilities. The site plan shall also indicate all of proposed site uses or activities to be conducted on the site, with related floor area or calculations of site area to be devoted to such uses.

5. Architectural Concepts. Plans showing architectural concepts of the proposed building, including heights, design, exterior materials of proposed buildings, other structures, fencing and signage.

6. Development Schedule. A preliminary development schedule, indicating the sequence and timing of development and the priorities of any phased development.

7. Open Space Plan. A proposed open space plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to the open area of the property.

8. Engineering Plans. Engineering plans showing site grading, and amount of cut and fill, including finished grades and proposed drainage facilities.

9. Statement Regarding Compliance with Findings. Written statement and illustrations to demonstrate how the project meets the required findings, and provides superior community design, environmental preservation, and/or public benefit amenities.

10. Other Information. Any other information deemed necessary by the Zoning Administrator to ascertain if the project meets the required findings for a Planned Development Permit.

(Ord. 2008-2 Div. II (part), 2008.)

A. Required Findings for a Planned Development District. A -PD district Zoning Amendment shall only be approved if all of the following findings are made:

1. The project meets all of the findings required for a zoning amendment pursuant to Chapter 19.40.

2. Development within the proposed -PD district is demonstratively superior to the development that could occur under the standards applicable to the underlying base district as indicated by either the conceptual plans submitted as part of the Planned Development application or the project submitted for consideration of a Planned Development Permit.

3. The conceptual plans submitted with the application conform in all significant respects with the General Plan, and any applicable plan or policies adopted by the City Council.

B. Required Findings for a Planned Development Use Permit. A Planned Development Use Permit shall only be approved if all of the following findings are made:

1. The project meets all of the findings required for a use permit pursuant to Section 19.34.040, including a finding that the project described in the application, or modified by any condition of approval and conforms in all significant respects with the General Plan, and any applicable plan or policies adopted by the City Council.

2. Development within the -PD district is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

a. Appropriateness of the use(s) at the proposed location.

b. The mix of uses, housing types, and housing price levels.

c. Provision of units affordable to persons and families of low and moderate income or to lower income households.

d. Provision of infrastructure improvements.

e. Provision of open space.

f. Compatibility of uses within the development area.

g. Quality of design, and adequacy of light and air to the interior spaces of the buildings.

h. Overall contribution to the enhancement of neighborhood character and the environment of El Cerrito in the long term.

i. Creativity in design and use of land.

(Ord. 2008-2 Div. II (part), 2008.)

In approving a Planned Development district, the Planning Commission or City Council may impose any deemed necessary to:

A. Ensure that the proposal conforms in all significant respects with the El Cerrito General Plan and with any other applicable plans or policies that the City has adopted;

B. Achieve the general purposes of this Zoning Ordinance;

C. Achieve the findings for a Planned Development listed in Section 19.14.040; or

D. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

(Ord. 2008-2 Div. II (part), 2008.)

Planned Development Use Permits are effective and may be extended or modified as provided for use permits in Chapter 19.32, Common Procedures, subject to the following limitations:

A. Tentative Map. Where a tentative map has been approved in conjunction with a -PD district project, the Planned Development Use Permit shall expire upon the expiration of the tentative map.

B. Phased Development. In the event that the applicant intends to develop the project in phases, and the Planning Commission or City Council, if applicable, approves phased development, the Planned Development Use Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase, unless an extension is approved by the Planning Commission or City Council, if applicable.

(Ord. 2008-2 Div. II (part), 2008.)