Chapter 18.33 — PD, PLANNED DEVELOPMENT OVERLAY DISTRICT

• A. The PD (Planned Development) Overlay District is designed and intended to provide for the orderly development of land in conformance with the General Plan by permitting a flexible design approach to residential development on small or otherwise constrained lots or on lots that would benefit from such flexibility to provide for a residential environment that is better than that resulting from strict adherence to the underlying zoning district's development standards. The district is designed and intended to accommodate various types of residential development

such as single-family residential developments, duplexes, triplexes and other multiple housing developments in various combinations as part of a planned development. In certain cases, a planned development may have a limited commercial component as described below.

• B. The requirements and procedures set in this chapter are designed and intended to be applied in such a manner as to provide maximum design flexibility to the property owner or developer, yet allow the City to retain control over design features and arrangements of uses within the project.

• (Ord. 2008-391 §1)

• A. The provisions of this overlay district shall apply to any areas zoned with the PD overlay. The PD overlay designation may only be applied to properties with an underlying zoning of residential (R-1, R-1-M, R-2, and R-3 zone districts) in the following areas of the City:

  1. The area nearest the Central Business District generally bounded by Twelfth Street on the north, Seventh Street on the south, the western City limits on the west, and Peralta Street on the East;

  2. The area known as the Gularte Tract in the northeastern portion of the City;

  3. The area west of Guadalupe Street and north of Main Street on either side of Campodonico and Tognazzini Avenues, on the east side of Pioneer Street, on the west side of Pioneer Street between Fifth Street and Garrett Lane, and on the south side of Second Street north of the Guadalupe Cemetery; and

  4. Residential zones within specific plan areas, excluding the Point Sal Dunes Specific Plan Area, if the associated specific plan allows or calls for a planned development.

• B. The overlay may not be applied to the following areas:

  1. The parcels zoned R-1 in the Treasure Park Subdivision on the east side of Obispo Street;

  2. The parcels zoned R-1-SP in the Point Sal Dunes Specific Plan Area;

  3. The parcels zoned R-1-SP-CZ in the River View Specific Plan Area.

• C. This overlay district may be applied to the residential zones within other specific plans, if the associated specific plan allows or calls for a planned development. In addition, the application of this overlay on parcels zoned single-family residential (R-1) shall be restricted to 2 or more adjacent parcels under common ownership.

• (Ord. 2008-391 §1)

• A. Within the PD Overlay District, residential developments are subject to flexible development standards to provide for flexible design, subject to site-specific City review. Building setbacks or lot sizes that are smaller than required under the underlying zone district may be applied, and/or density of portions of development may be increased, architectural or landscaping requirements may be modified, and off-street parking requirements may be reduced, at the discretion of the Planning Commission and/or City Council. For projects that are larger than 0.75 contiguous acres, a limited commercial component may be included, as discussed in Section 18.33.050 .

• B. The site retains its underlying zoning designation, but adds the PD overlay as a qualifier. As an example, a site with R-1 zoning that is granted the PD overlay would be labeled as R-1-PD on the City's zoning map.

• C. Where a PD overlay is applied, any standards identified or set in the approved planned development shall take precedence over the underlying zone district standards. However, for standards that are not specifically set or identified in the planned development, those standards in the underlying zone shall remain in effect.

• (Ord. 2008-391 §1)

The following uses are permitted in the PD Overlay District, provided the use is permitted in the underlying zoning district, and subject to approval of the associated development plan by the City Council:

• A. Single-family residences, with or without one attached or detached second unit;

• B. Duplexes and triplexes;

• C. Apartments, condominiums, and townhomes;

• D. Cluster housing;

• E. Other attached or detached multiple family developments;

• F. Additions to existing buildings, in compliance with the City's regulations for legal nonconforming structures and uses, if an addition involves a nonconforming structure or use;

• G. Accessory structures and uses, as allowed in the underlying zone district. (Ord. 2008-391 §1)

• A. Conditional uses that are listed in the underlying zone district are allowed subject to obtaining a conditional use permit from the City Council.

• B. Additionally, a limited commercial component for a given development in the PD Overlay District may be allowed, subject to obtaining a conditional use permit from the Planning Commission and/or City Council. Developments eligible for such consideration shall be limited to projects that are larger than 0.75 contiguous acres in size, and shall conform to the development standards set forth below in this section. Commercial uses eligible for consideration shall include all permitted and conditionally permitted uses in the Mixed-Use District (Chapter 18.35 of this title).

• C. The following requirements shall apply to requests for a limited commercial component:

  1. The commercial use is incidental to the residential use(s) and occupies a maximum of 25% of the total developed floor area for parcels or properties between 0.75 and 2 acres, a maximum of 10% of the total developed floor area for parcels or properties between 2 and 4 acres, and a maximum of 6.25% of the gross acreage for properties greater than 4 acres in size.

  2. The commercial use provides goods or services that are of the kind that would be regularly used by residents of the development.

  3. The commercial component is aesthetically conforming to or complementary of the residential component.

  4. The commercial use would not unduly interfere with the adjacent residential uses, and would add value to the residential component, rather than detracting from the residential

component. Potential impacts on the residents from noise, parking demand, odors, and other nuisances shall be considered in this requirement. (Ord. 2008-391 §1)

The following development standards shall apply for the PD Overlay District. Review and approval of conceptual project plans, including a site plan, floorplans, elevations, and landscape plans, shall occur at the same hearing that a request for application of this zoning overlay is heard or introduced.

• A. Lot Sizes. No minimum or maximum. Subject to review and approval of project plans by the Planning Commission and/or City Council.

• B. Setbacks. There are no standard setback requirements for this district. Setbacks shall be proposed on the plans for the development and approved by the Planning Commission and/or City Council. The review of setbacks should incorporate the need to protect and preserve sensitive site characteristics, and ensure compatibility between different uses. The siting of structures shall also be based on privacy, provision of usable private open space, access to light and air, solar exposure, building configuration, provision of adequate driveway space, and aesthetics.

• C. Heights. Maximum heights shall be established by the underlying zoning district.

• D. Density. The density of development shall be at the density specified in the City's Land Use Element, except that for sites with an underlying zone district of R-1, R-1-M, and R-2, a density bonus of up to 15% may be granted by the City Council, if the project would substantially advance affordable housing or other City goals or otherwise is deemed by the City to be eligible for such a density bonus.

• E. Parking. Parking shall be provided in compliance with Sections 18.24.110 and 18.26.110 or Chapter 18.60 of this title, as applicable to the underlying zoning district and the following requirements:

  1. Uncovered parking areas shall be screened from the street and adjacent residences to a height of at least 4 feet with hedges, dense plantings, or walls.

  2. Off-street parking located in front of buildings on a given property is generally discouraged, and if so proposed, shall be screened as above and located no closer than 20 feet from the front property line. Notwithstanding the foregoing, provision of off-street parking in a driveway of a single-family residence or duplex is allowed, provided that such parking not be covered by a canopy or other unwalled structure.

located in front of buildings on a given property is generally discouraged, and if so proposed, shall be screened as above and located no closer than 20 feet from the front property line. Notwithstanding the foregoing, provision of off-street parking in a driveway of a single-family residence or duplex is allowed, provided that such parking not be covered by a canopy or other unwalled structure.

3. A reduction of parking of up to 50% of the required number of parking spaces associated with the underlying zone may be requested. Because of parking adequacy problems in much of the City, the request for any reduction in required parking should be carefully considered and should only be granted where appropriate. Approval by the City of any such request should consider the project's overall merits, the appropriateness of such a request at the project's location, the availability of parking on adjacent lots and potential for establishing shared-parking arrangements, availability of parking on a City-owned or operated lot, and any other applicant-proposed parking provisions. The City Council may require payment of in-lieu parking fees for any modification to the number of parking spaces provided, with the in-lieu fees to be used by the City in developing City-operated lots and/or other parking demand management plans.

• F. Streets. Any streets proposed for the development may be public or private; however, all private streets shall be constructed to City standards and adequate provisions shall be made in the Covenants, Conditions, and Restrictions (CC&Rs) to ensure adequate maintenance. The

standards for any on-site improvements (streets, walks, drainage, and utilities) for a project subject to the PD Overlay District may be modified by the City upon recommendation from the engineering or planning departments. Street design shall relate to the function of the street and, for good cause, street widths may be reduced. Innovation in street and walkway design, with an emphasis on connectivity through the development, and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be only from project streets.

• G. Landscaping.

  1. All proposed landscaping shall be installed in accordance with the approved project plans and maintained in a neat and attractive appearance. Special attention shall be given to the design and maintenance of landscaping in all front and street yards. Street trees shall be included and placed consistent with the City's street tree plan as may be adopted and modified from time to time. Landscaping and landscape standards will be reviewed and approved by the Planning Commission and/or City Council, along with project plans.

ve appearance. Special attention shall be given to the design and maintenance of landscaping in all front and street yards. Street trees shall be included and placed consistent with the City's street tree plan as may be adopted and modified from time to time. Landscaping and landscape standards will be reviewed and approved by the Planning Commission and/or City Council, along with project plans.

2. Where a property in the PD Overlay District abuts a property not zoned with the PD overlay, an adequate buffer consisting of fencing, walls, plant materials, or any combination thereof shall be installed along each side or rear yard of the PD overlay property that abuts non-PD overlay designated property. Such buffer shall be installed and maintained to protect adjacent properties from impacts of noise or lighting and to provide separation between different uses. The buffer shall be shown on the development plan.

• H. Open Space. Proposed development projects in the PD Overlay District shall be designed to provide permanent open space areas as follows:

  1. Amount. The City shall specify the required amount of private and common open space and any public open space in a planned residential development at the time of review and approval of conceptual project plans. For multifamily developments, common open space shall be provided, and in no case shall the total amount of common and/or public open space be less than 15% of the gross acreage. Provision of private open space for multifamily dwelling units shall generally be as specified in Sections 18.52.090 , 18.52.100 , and 18.52.110 of this title, although for good cause, the City Council may modify these requirements for a property subject to this overlay district.

     • a. Determination of the appropriate amount of common and/or public open space shall be based on consideration of the following factors:

       • i. The need to protect for public use areas historically used by the public such as trails;

       • ii. The need to provide usable recreational amenities for the residents of the development;

       • iii. The avoidance of siting of structures in hazardous areas;

       • iv. The protection of sensitive habitats and archaeological sites; and

       • v. Protection of scenic areas of the site, or adjacent to the site.

     • b. The City may require that any lands to be preserved as public open space be dedicated in fee to the City or other public agency or may remain in private ownership with dedication of only appropriate scenic and/or open space easements. For lands intended for public open space that remain in private ownership, the City shall require granting of an easement guaranteeing the public's right of access and use of such open space.

  2. Maintenance of Public Open Space. The City may require the applicant to maintain all public open spaces and related facilities for a certain period of time. The required period

should be specified by a permit condition of approval and set to commence after occupancy of the development (and may require that bonding or other security in a form approved by the City Attorney be posted with the City to guarantee maintenance), or may require payment of an in-lieu fee if the City maintains the public open space and related facilities. If the applicant is to maintain public open spaces, prior to the issuance of any permits for construction, a bond or other approved security shall be posted guaranteeing such maintenance.

3. Maintenance of Common Open Space. Provision for ongoing and adequate preservation and maintenance of common open space shall be provided by the owner(s) or developer. For developments containing 4 or more separate owners, the common open space should normally be deeded to a homeowners' association or equivalent entity and held in undivided ownership by the owners of the planned development. Other mechanisms to preserve and maintain common open space are subject to approval by the City Council upon recommendation of the City Attorney as part of the consideration of applying the PD Overlay District. Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land as described in the approved development plan. For developments involving 3 or fewer owners, establishment of a homeowners' association or equivalent entity to maintain common open space may not be required, if some other instrument or legal arrangement acceptable to the City is made for the maintenance of common open space areas.

• I. Homeowners' Association.

  1. The City may require a homeowners' association or equivalent entity to be formed to maintain the development, any internal roads, landscaping, and other improvements. A homeowners' association or equivalent entity shall generally be required for all developments involving 4 or more lots, unless all lots are and shall remain in perpetuity under the same ownership. The City Council, in reviewing the request for application of the PD Overlay District, shall determine if the establishment of a homeowners' association is necessary.

  2. Prior to obtaining a zoning clearance, the applicant shall file a description of the proposed organization of the homeowners' association or equivalent entity including conditions, covenants, and restrictions that will govern the association. Such description shall be reviewed by the City Attorney, who shall make a recommendation to the City Administrator. Required provisions shall include but are not limited to the following:

     • a. The homeowners' association or equivalent entity shall be established before the homes are sold.

     • b. Membership shall be mandatory for each home buyer and any successive buyer.

     • c. The association shall be responsible for liability insurance, property taxes, utilities and maintenance of common open space and recreational and other common facilities.

• d. Homeowners shall pay their pro rata share of all costs of the association and the assessment levied by the association can become a lien on the property.

e. The association shall be able to adjust the assessment to meet changed needs. (Ord. 2008-391 §1)

• A. The application of a PD Overlay District requires an amendment of the City's Zoning Map. A request for application of a PD Overlay District shall be in the form of a zoning ordinance

amendment application and shall be subject to review and approval by the City Council at a noticed public hearing. The granting of a rezone to apply this overlay district is entirely discretionary, subject to approval by the City Council, upon the ability to make the required findings.

• B. Each request for application of this overlay district shall be considered on a case-by-case basis. The procedure for requesting application of this overlay district is as follows:

  1. Owner or applicant acting on behalf of the owner submits a request for application of the PD Overlay District. Such a request shall be in writing and may be in the form of a letter addressed to the City Council or City Administrator or other appropriate City official. The request shall be accompanied by conceptual or preliminary plans that show the proposed development. Three plan sets shall be submitted to the City, which shall be in a form and level of detail acceptable to the City, and shall include at a minimum a site plan, floor plans, elevations, and landscape plans. At the discretion of the City, grading plans, renderings, and other submittals may be required. The applicant shall also file an application with the City and shall pay the requisite application fee.

  2. Upon receipt of the application materials, City staff shall review the materials, determine if any additional or revised materials are needed, and advise the applicant accordingly.

  3. Once the application has been deemed complete by City staff, the item shall be scheduled for conceptual review by the Planning Commission.

  4. After the applicant has had the opportunity to consider any changes recommended by the Planning Commission in their conceptual review and has submitted any revised plans, if applicable, to the Planning Department, the rezone request shall be scheduled as a noticed, public hearing for the next available Planning Commission meeting. The Planning Commission shall consider the request for the rezone, along with the project plans, and make a recommendation to the City Council on the request. The Planning Commission's recommendation should include any suggested revisions to the project plans.

  5. Following action by the Planning Commission, the item would be scheduled for a noticed, public hearing by the City Council in the form of introduction and first reading of an ordinance amending the zoning code. At this hearing, the City Council would review the project plans along with the rezone request and direct any changes. Second reading and adoption of the ordinance amendment would be scheduled for a subsequent City Council meeting.

, the item would be scheduled for a noticed, public hearing by the City Council in the form of introduction and first reading of an ordinance amending the zoning code. At this hearing, the City Council would review the project plans along with the rezone request and direct any changes. Second reading and adoption of the ordinance amendment would be scheduled for a subsequent City Council meeting.

6. If the City Council approves the rezone request, the project applicant would be responsible for making any changes to the project plans required by the City and would then submit 3 sets of final project plans to the City for review and approval. The effective date of the ordinance amendment would be stipulated in the ordinance approving the rezone and may be linked to the City's review and approval of final project plans.

7. City staff shall review the final plans and determine whether the final plans are in conformity or substantial conformity to the City Council-approved conceptual or preliminary plans. If the plans are deemed in conformity, City staff shall issue a zoning clearance. If the plans are not deemed in conformity or substantial conformity, the applicant shall resubmit plans for review and approval by City staff, or would need to apply for a new zoning amendment for the substantially modified plans.

• (Ord. 2008-391 §1)

• A. Prior to approval of a PD Overlay zoning designation, the Planning Commission must recommend and the City Council shall make all of the following findings:

  1. The proposed development fulfills the purpose and intent of the PD Overlay District.

  2. The site is of the type and character that is appropriate for a planned residential development, and the design provides for an improved development layout over that which could be achieved by adhering to the standards of the underlying zone district.

  3. The overall estimated population density which will result upon development of the property under the PD Overlay District is appropriate for the site and will not have a detrimental effect upon surrounding areas nor exceed the capacity of City service and utility facilities.

  4. The proposed development as shown on the project plans is in conformance with all applicable policies of the general plan, and the requirements of this title.

  5. Adequate provisions have been made within the proposed covenants, conditions, and restrictions or some other mechanism to establish permanent care and maintenance of public and common open spaces, private streets, recreational areas, and facilities.

• B. In addition, the Planning Commission and City Council shall also find that the project meets one of the following criteria:

  1. It provides facilities or amenities suited to a particular occupancy group (such as elderly or families with children).

  2. It transfers allowable development within a site from areas of greater environmental sensitivity or hazard to areas of less sensitivity or hazard.

  3. It produces a greater range of housing types and costs than would be possible with development of uniform dwellings throughout the project site or neighborhood.

  4. Features of the particular design achieve the intent of conventional standards (privacy, useable open spaces, adequate parking, compatibility with neighborhood character, and so on) as well as or better than the standards of the underlying zoning district do.

  5. It incorporates features which result in consumption of significantly less materials, energy or water than conventional development.

• C. In addition, for requests that include a limited commercial component, the Planning Commission and City Council shall also make the following finding: The proposed commercial component would not conflict with or detract from the commercial vitality of the Central Business District as described in the General Plan.

• (Ord. 2008-391 §1)

• A. The application of the PD overlay zoning is tied to the associated project plans. The granting of this zoning district overlay to a parcel or group of parcels shall normally expire 3 years after final City Council approval, if a zoning clearance for the development has not been obtained by the applicant or the successor in interest. The City Council may apply a shorter or longer expiration period on a case-by-case basis, and if applied, shall include the desired expiration period in the text of the ordinance amendment associated with a specific request.

• B. The City Council may grant up to 2 one-year extensions for good cause. A request for an extension shall be made in writing and filed sufficiently in advance of the expiration date to allow the request to be considered at a regular meeting of the City Council.

• (Ord. 2008-391 §1)

The process for revocation other than by expiration shall be the process the City uses for City Councilinitiated rezones.

(Ord. 2008-391 §1)