Fowler Municipal Code Ch. 9.65 Planned Development

The purpose of a Planned Development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and to encourage the development of environments of greater community value than would otherwise be achieved through implementation of the primary zone regulations under this Title. Development within a Planned Development shall incorporate a program of enhanced amenities that would otherwise not be allowed or required through regulations of the base zoning district. This Chapter describes the process for adopting Planned Developments and approving subsequent development under an approved Planned Development.

A. Allowance of Planned Development Projects. Planned Developments may be established for any property in any district where flexibility in the applicable development standards of this Title is necessary to result in a project that includes enhanced features or amenities above and beyond the requirements of this Title.

B. Planned Development Permit Required. A Planned Development Permit is required to establish a Planned Development.

C. Overlay Zone Required.

1. Establishment of a Planned Development (PD) Overlay District is required prior to or concurrent with the initial approval of a Planned Development. Establishment of a PD Overlay District shall be processed in accordance with Chapter 9.110 (Zoning Code/Map Amendment).

2. The PD Overlay District shall be designated on the Zoning Map by use of the symbol otherwise used to designate the underlying zone district, followed by the notation "/PD" and a number reflecting the sequential order in which PD overlays are approved (e.g., R-2/PD-1).

D. Allowed Uses.

1. A Planned Development may authorize land use activity that is not allowed in the base zoning district, including the following:

a. Any combination of uses permitted in an R or RM District.

b. Within any R or RM district, up to thirty-five percent (35%) of the PD may be developed with uses permitted or conditionally permitted in the C-1 district.

c. Within any C-1 or C-2 district, up to thirty-five percent (35%) of the PD may be developed with uses permitted or conditionally permitted in the RM district.

d. Any combination of uses permitted in any C-1, C-2, C-3, M-P, or M-1 District as a permitted use or conditional use, may be located in a PD located in an M-1 District.

2. Uses allowed in the underlying base zoning district shall be permitted as authorized in the base district regulations, unless specifically modified by the PD Overlay District.

E. Parcel Size. Planned Developments shall only be considered for parcel(s) measuring a minimum of one (1) acre.

A. Application Filing and Processing. Applications for a Planned Development shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C. Additional Applications and Fees May Be Required. A separate application for a rezone is required prior to or concurrent with initial approval of a Planned Development. When multiple applications are required for the same project, the applications shall be processed in accordance with Section 9.30.080, Subsection (C) (Multiple Entitlements).

Applications for a Planned Development shall be reviewed and approved by the designated authority as specified in Table 9.30.080-1: Designated Authority for Permits and Approvals as follows:

A. Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Planned Development.

B. Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Planned Development.

The City Council shall hold a public hearing prior to taking action on an initial application for a Planned Development. Public hearings shall be set, and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving an application for a Planned Development, the approving authority may impose reasonable and appropriate conditions to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving a Planned Development, the approving authority shall make all the following findings, which shall be made by resolution:

A. The planned development is consistent with the adopted General Plan and any applicable Specific Plan.

B. The planned development is in substantial compliance with the purpose and intent of this Title.

C. The proposed site is adequate in size and shape to accommodate the planned development in a manner that is compatible with existing and planned uses in the vicinity.

D. The proposed development will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land uses and character of the surrounding area.

E. The development standards applicable to the Planned Development are clearly designated.

F. The uses allowed within the Planned Development are clearly designated.

G. The planned development will incorporate a program of enhanced amenities that would not otherwise be required through regulations of the base zoning district. Such amenities may include but are not limited to additional open space and/or improvements to an existing public facility such as a park or trail.

Written notice of decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

Planned Developments shall become effective immediately following the date of adoption or upon the effective date of the associated PD Overlay, whichever is later.

Initial actions taken on an application for a Planned Development are not subject to appeal as City Council is the approving authority.

Approved Planned Developments do not expire.

No extensions of time are necessary, as an approved Planned Development does not expire.

An applicant may request an amendment to an approved Planned Development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.110 (Amendments to Previously Approved Permits).

A. Ministerial Plan Review Required. Following approval of a Planned Development and prior to the issuance of required building or use permits, a Ministerial Plan Review shall be submitted in accordance with Chapter 9.55 (Ministerial Plan Review) to verify conformance with the approved Planned Development.

B. Compliance. No permit shall be issued for any building or use except in compliance with the Planned Development and Ministerial Plan Review. The Director may require additional information to be submitted to demonstrate compliance.

C. Use Permit Required. Unless otherwise specified in the Planned Development, uses requiring a Conditional Use Permit shall be required to obtain a use permit, in accordance with Chapter 9.35 (Conditional Use Permit).

D. Subdivision Action Required. Uses requiring subdivision approval shall be required to process the applicable subdivision and obtain the applicable subdivision approval, in accordance with Section 9.30.140 (Subdivisions).