Division 8 — AREA PLAN AND AREA PLAN AMENDMENT

The purpose of the area plan is intended to provide the basis for development for specific planning and design proposals for a defined geographical area within the regional mixed use (RMU) zone. The project shall be interconnected with walkable and mixed-use areas developed vertically or horizontally. Planned unit development (PUD) standards and application process outlined herein.

(1)

Create a mixed-use product that accommodates a wide range of commercial, office, medium density residential, civic, open space and may welcome jobrich light manufacturing uses without adverse impacts on surrounding uses. The RMU land use category has a residential density of 12 to 24 du/acre (not including amenity square footage) and a commercial intensity of 0.1 to 1.0 floor area ratio (FAR) and is intended to create vibrant activity centers with compatible activities using both vertical and horizontal true mixed-use projects. RMU projects shall be guided by an area plan.

(2)

To promote and protect the public health, safety, and welfare.

a.

To implement the goals and objectives of the general plan.

b.

To enhance the quality of development.

c.

To obtain the quality of life resulting from comprehensive and orderly planning.

d.

To encourage greater flexibility and more creative and imaginative designs for larger scale projects.

e.

To promote efficient use of land while providing a walkable mixed-use project.

A proposal for an area plan shall be processed upon the application of the property owner(s), subject to the following provisions:

(1)

Submission of a formal area plan and related material as required on the application form for review and recommendation by the Planning Commission and final decision by the City Council.

(2)

Submission of a conditional use permit and design review applications.

(Ord. No. 1906, § 15, 10-25-22)

Sec. 30-50. - Use regulations.

(a)

Allowable uses in each area plan shall be established by the area plan text approved by the City Council. Uses incorporated within the area plan shall be the same as those established within the Zoning and Development Code that are permitted in the R-MU zone. Other proposed uses shall be established within the area plan with the adoption of the definition pertaining to uses within the area plan text.

(b)

A conditional use permit will be required for a PUD and subject to design review, as established by the Zoning and Development Code.

(c)

Standards listed in Article VI, herein, shall apply.

(d)

All parking and loading standards shall comply with the standards established within the Zoning and Development Code.

(e)

All signs shall comply with the standards established within Chapter 3 of the Municipal Code.

Sec. 30-51. - Pre-application meeting for area plan.

Prior to the filing of an application for an area plan, the applicant or the applicant's representative shall apply for a pre-application meeting application review by City staff.

(Ord. No. 1906, § 16, 10-25-22)

The project will not be considered as officially filed until such time as the following information is submitted:

(1)

An official filing application.

(2)

A boundary survey of the property including gross land areas proposed within individual land use districts.

(3)

A physical setting map including a topographic map and grading concept plan showing surrounding properties and lot boundaries within 100 feet of the project boundaries. This map shall also show the location of any adjacent approved projects, all existing on and offsite structures, and any other natural or man-made feature which could limit development.

(4)

A map showing all existing general plan land use designations within the project boundaries and within 300 feet of the project boundaries.

(5)

Tabulations showing the current general plan land use designations and any proposed land use designations for any proposed land use general plan amendments.

(6)

A proposed land use plan with tabulations showing land use district acreages, populations, and housing units.

(7)

A development plan indicating general phasing and anticipated time schedule for beginning of construction and completion of each phase.

(8)

A circulation plan showing proposed and existing streets, pedestrian ways, trails, and bike paths.

(9)

A preliminary report and overall plan describing anticipated requirements and proposed means of providing public services and utility facilities. This includes storm drainage, sewage disposal, water supply, parks, and school facilities.

(10)

An area plan with text setting forth the land use regulations, site development regulations, and performance standards. The text shall include the following:

a.

Introduction including the project description, project location and setting, project summary, and user's guide to the area plan.

b.

Summary including a condensed statement of the purpose, scope, and main ideas of the area plan.

c.

Planning framework including background and project history, purpose, existing and proposed on and off-site land uses, general plan conformance, general plan consistency, and summary of amenities exceeding City Code requirements.

d.

Community development including an introduction, plan concept and design objectives, land use, circulation plan and road sections, and park and recreation plan.

e.

Design guidelines including an introduction, site planning, architectural styles, design guidelines, landscape plans, pedestrian and bike plans, walls and plans, grading, signage, and lighting.

f.

Public facilities plan including an introduction, water sources and supply, wastewater and sanitary sewer, storm drainage, and public services.

g.

Area plan implementation including an introduction, phasing, development regulations, general provisions for each land use area, and plan administration.

h.

The appendix shall include the property ownership, general plan compliance, plant palette, adopting ordinance, CEQA compliance, authority and scope.

(11)

Quantitative data, such as, population, land use acreages, types of housing units including minimum square footages, and any other data necessary to illustrate phasing of development, and potential impact upon public services. The Director of Community Development may request additional information to convey the project concept to the Planning Commission.

(12)

Additional information and materials required by the Director of Community Development.

Applications for changes of zone shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(1)

A change of zone may be initiated by the Planning Commission, City Council, Director of Community Development, or the owner or authorized agent of the owner of the property for which the application is being made.

(2)

An amendment to provisions of this chapter may be initiated by the Planning Commission, City Council, Director of Community Development, or any person directly affected by the provisions of this chapter.

(3)

The Director of Community Development may request proof or authorization to file an application on behalf of another party.

Sec. 30-54. - Reserved.

Editor's note— Ord. No. 1906, § 17, adopted Oct. 25, 2022, repealed § 30-54, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-55. - Noticing.

Notice of hearings for area plan shall be as set forth in Division 3, herein.

Sec. 30-56. - Hearing—Planning Commission.

(a)

Upon the filing of a complete application for amendment to the Zoning and Development Code or zoning district map, the application shall be scheduled for hearing before the Planning Commission for recommendation to the City Council.

(b)

The Planning Commission shall hold at least one public hearing upon the proposal referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the consistency of the proposed change to the general plan.

(c)

If the decision of the Planning Commission is to deny an application requesting the change of property from one zone to another, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein. The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

The City Council shall hold at least one public hearing upon the proposal referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.

If an application for an area plan is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the Director of Community Development may allow for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating a change of zone at any time.

Subdivision II. - Area Plan Amendments

Sec. 30-59. - Area plan amendments.

(a)

An amendment to an area plan by an applicant shall require preliminary review by the Director of Community Development, filing an official application and required materials supporting the amendment, submittal of a fee deposit, Planning Commission review and recommendation, City Council review and final decision.

(b)

Amendments may be initiated by the City Council or Planning Commission by a majority vote. All requested Planning Commission amendments shall be submitted and considered by the City Council and accepted for processing by a majority vote. Staff may initiate an area plan amendment by submitting the requested amendment to the Planning Commission for a vote. Only the amendments accepted by majority vote of the Planning Commission shall be submitted to the City Council for consideration. The amendment shall only be accepted for processing by majority vote of the City Council.

Sec. 30-60. - Pre-application meeting for area plan.

(a)

Prior to the filing of an application for an area plan amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff.

(b)

The Director of Planning will determine when the conceptual project will be submitted to the Planning Commission for a workshop. The presentation to the Planning Commission shall be an informal presentation for informative purposes only and is only intended to obtain Planning Commission comments on the proposed project. The applicant shall not receive any rights or entitlements pursuant to this informal review procedure and the Planning Commission shall

not be bound by their comments. The Planning Commission or City Council may request changes to the project when it is formally presented for their consideration even if those changes differ from the Planning Commission comments and requests made during the informal review procedure.

(Ord. No. 1906, § 18, 10-25-22)

Sec. 30-61. - Application.

Applications for changes of zone shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by the Planning Commission until the application is determined to be complete and all required fees have been paid to the City.

(1)

A change of zone may be initiated by the Planning Commission, City Council, Director of Community Development, or the owner or authorized agent of the owner of the property for which the application is being made.

(2)

An amendment to provisions of this chapter may be initiated by the Planning Commission, City Council, Director of Community Development, or any person directly affected by the provisions of this chapter.

(3)

The Director of Community Development may request proof or authorization to file an application on behalf of another party.

Sec. 30-62. - Reserved.

Editor's note— Ord. No. 1906, § 19, adopted Oct. 25, 2022, repealed § 30-62, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-63. - Noticing.

Notice of hearings for area plan amended shall be as set forth in Division 4, of this article herein.

Sec. 30-64. - Hearing—Planning Commission.

(a)

Upon the filing of a complete application for amendment to the Zoning and Development Code or zoning district map, the application shall be scheduled for hearing before the Planning Commission for recommendation to the City Council.

(b)

The Planning Commission shall hold at least one public hearing upon the proposal referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the consistency of the proposed change to the general plan.

(c)

If the decision of the Planning Commission is to deny an application requesting the change of property from one zone to another, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein. The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

The City Council shall hold at least one public hearing upon the proposal referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.

If an application for an area plan amendment is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the Director of Community Development may allow for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating a change of zone at any time.