Article 59 — PLANNED DEVELOPMENT PERMITS

The purpose of this article is to articulate regulations and establishing minimum thresholds for Planned Developments. More specifically this article applies to:

A.

Establish a procedure for development on large areas of land and infill sites in order to allow for projects that desire greater flexibility than already provided for in this Code.

B.

Promote variety and avoid monotony in developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenities.

C.

Facilitate the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The procedures in this article shall apply to all proposals for approval of a Planned Development (PD) Permit. PD approval is required to authorize a PD Plan that provides for better coordinated development and specifies customized development standards crafted to respond to site conditions.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5903. - PROCEDURES.

A.

Processing. An application for a PD Permit shall be processed as a Conditional Use Permit, according to the procedures of Article 53, Conditional Use Permits.

B.

Initiation. An application for a PD Permit shall be initiated by a property owner or authorized agent. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

C.

Application Content. An application for a PD shall be filed with the Director. At a minimum applications shall contain all of the following:

1.

List of Modifications. A detailed list of deviations from the Development Code, General Plan, applicable operative plan, or adopted policy being proposed, and an explanation as to why the project cannot be successful should it comply with the strict application of adopted regulations.

2.

Community Benefits. The applicant shall provide a list of types of community benefits. For example, the amount of common open space or design is of higher quality than would otherwise be required.

3.

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.

4.

Planned Development Plan. A PD Plan indicating the proposed land uses and the total floor area or land area devoted to each; the proposed density or intensity of development; the location of proposed streets, pedestrian ways, and bike ways; and the location of proposed lot lines, structures, buildings, parking, yards, pathways, open spaces, and other public or private facilities.

5.

Utilities. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site.

6.

Development Guidelines. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, and landscape concepts.

7.

Development Schedule. A development schedule, including anticipated timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and an indication of the proposed number and type of dwelling units by phase of development, if applicable.

8.

Other Information. Any other information deemed necessary by the Director to ascertain if the project meets the required findings for a PD Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 29, eff. 7-30-17).

A.

Land Use Regulations. Any use authorized by this Code may be included in an approved PD consistent with the zoning district for the property.

B.

Development Regulations.

1.

Minimum Area.

a.

Infill Areas (within the city limits as of December 31, 2012). No minimum area.

b.

All Other Areas. Two acres.

2.

Residential Unit Density. The total number of dwelling units in a PD shall not exceed the maximum number permitted by the General Plan or operative plan density for the total area of the planned development designated for residential use.

a.

A transfer of residential densities, as set forth in 15-310-C, is permitted for sites with two or more residential zones districts. Design of said sites must be planned, integrated development.

3.

Other Development Regulations. Other development regulations shall be as prescribed by the PD Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 30, eff. 7-30-17).

A PD shall only be approved if all of the following findings are made:

A.

The proposed development is consistent with the General Plan, the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670-21679.5, any applicable operative plan, and adopted policies, including the density and intensity limitations that apply;

B.

The subject site is physically suitable for the type and intensity of the land use being proposed;

C.

Adequate transportation facilities, utilities, and public services exist or will be provided, in accord with the conditions of PD approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of public services so as to be a detriment to public health, safety, or welfare;

D.

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and

E.

The proposed development 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 should be considered:

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

2.

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

3.

Provision of infrastructure improvements.

4.

Provision of open space. For example, a greater amount of open space than would otherwise be provided under the strict application of this code.

5.

Connectivity to public trails, schools, etc.

6.

Compatibility of uses within the development area.

7.

Creativity in design and use of land.

8.

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

9.

Overall contribution to the enhancement of neighborhood character and to the built and natural environment of Fresno in the long term.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2019-030, § 6, eff. 10-31-19).

In approving a PD, the Director, or the Commission if submitted concurrently with a subdivision map that requires Commission review, may impose reasonable conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies and design guidelines that the City has adopted;

B.

Achieve the general purposes of this Code or the specific purpose of the zoning district in which the project is located;

C.

Achieve the findings listed in Section 15-5905, Required Findings; 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.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Expiration.

1.

PD Plan. A PD shall be effective on the same date the permit is approved. The PD Plan shall expire if it is not exercised or extended within three years of the effective date. An approved PD may specify a phased development program exceeding three years.

2.

Exercise of a PD Plan. A PD Plan approval is exercised when actions specified in the conditions of approval have been taken, or a Building Permit has been issued and construction is lawfully commenced and diligently pursued.

3.

PD Plan Granted in Conjunction with a Tentative Map. Where a tentative map has been approved in conjunction with a PD Plan, the PD Plan shall expire upon the expiration of the tentative map.

B.

Renewal. If site development and construction has not been initiated within three years of project approval or other time specified in the approved phased development program, an approved PD Plan may be renewed for a two-year period by the Director. Application for renewal shall be made in writing between 30 and 120 days prior to expiration of the original approval. The Director shall only renew a PD Plan if the Director finds the renewal consistent with the purposes of this article and no major amendments, as defined in Section 15-5908, Amendments of Approved Plans, are proposed.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A.

Changed Plans. Amendments to a PD Plan may be requested by the applicant or its successors. Amendments to the approved Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

B.

Major Amendments. Major Amendments to an approved PD Plan shall be considered by the Planning Commission at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:

1.

A change in the boundary of the PD Plan;

2.

An increase or decrease in the number of dwelling units for the PD Plan that is greater than the maximum or less than the minimum stated in the original approval of the PD Plan;

3.

An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Plan by 10 percent or more;

4.

Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the City Engineer;

5.

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD Plan or to the overall major street system, as determined by the City Traffic Engineer; or

6.

Any other proposed change to the PD Plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.

C.

Minor Amendments. Amendments not meeting one or more of the criteria listed in Subsection B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor Amendments may be approved by the Director without a public hearing.

1.

Residential Subdivisions. Floor plans and plot plans shall be approved concurrently with the PD. Changes to plot plans, such as the addition of patios, shall comply with the underlying District in terms of property

development standards, unless they were outlined as part of the PD approval process.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Individual development plans for geographic units within a phased project in a PD Plan area shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Plan and any conditions of approval. No project may be approved and no Building Permit issued unless the project, alteration, or use is consistent with an approved PD Plan.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5910. - FAILURE TO COMPLY WITH CONDITIONS.

Failure to comply with any PD Permit condition or development schedule is a violation of this article and subject to Article 63, Enforcement.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Sec. 15-5911. - REVOCATION OR MODIFICATION OF PLANNED DEVELOPMENT PERMIT.

A PD Permit may be revoked or modified as provided by Section 15-5016, Revocation of Permits.

(Added Ord. 2015-39, § 1, eff. 1-9-16).