Hesperia Municipal Code Art. IV Planned Developments

The planned development review procedure shall be used for large scale development projects generally below one thousand (1,000) dwelling units where, because of a mixture of uses or because of site constraints, flexibility in design and cohesive planning of the entire site is deemed necessary. Projects exceeding one thousand (1,000) dwelling units, or commercial, industrial or mixed-use projects of size or impacts should be filed as a specific plan. The planned development process provides an alternative site planning process that encourages creative and imaginative design of large-scale, multi- phased residential, commercial or industrial developments, or a mixture of such uses, within the framework of a single development plan. The procedure permits greater regulatory and design flexibility than conventional zoning, in order to achieve a more economical and efficient use of land and a high quality of design.

(Ord. 192 Exh. A (§ 83.04.010), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

Planned development approval shall be required for the following development applications:

A. Projects within areas designated for "planned mixed use" or "special development" on the city's adopted zoning or general plan maps;

B. Projects which, because of the scale, intensity of use, site constraints, or anticipated impacts on infrastructure, are determined by the agency to require comprehensive planning through the planned development process.

(Ord. 192 Exh. A (§ 83.04.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. A planned development may be used for residential, commercial, industrial and/or mixed use developments.

B. An application for a planned development shall include submittal of a preliminary and a final site plan. These applications shall encompass all land within the planned development area. An application for a tentative subdivision map, site plan review, or conditional use permit may subsequently be submitted for a portion of land within the planned development or a phase thereof in accordance with this title. However each phase shall function as a complete and separate development from the remaining phases, and that such application complies with all the standards contained in the approved planned development.

C. All applications for a planned development shall be reviewed by the development review committee. When the preliminary plan is submitted separately from the final plan, both documents shall be reviewed by the development review committee.

D. The planning commission shall make a recommendation and the city council shall act upon all proposed planned developments.

E. Application for a planned development shall also constitute a request for a general plan amendment. Upon approval of the final plan, the general plan land use map will be changed to show "planned development," followed by the number of the approved planned development. The regulations within the planned development approval will be used to provide greater design flexibility and will give the development its unique character.

F. The city land use map shall show the location of all approved planned developments. If a planned development is withdrawn or expired, the land use map shall reflect that change.

G. Any recommendation for denial of a planned development by the planning commission shall terminate the application, unless such action is appealed in accordance with the provisions of Section 16.12.055.

H. A planned development shall be effective for a up to five years. Extensions of time, not to exceed twelve (12) months at a time, may be granted upon application to the planning division. If no tracts have recorded or building permits have been issued within the project during that period, the planned development becomes void. Any tracts that record during the period in which the planned development is valid shall remain subject to the conditions imposed on the planned development even if the remaining portions of the planned development are later withdrawn or expired.

(Ord. 192 Exh. A (§ 83.04.030), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

The planned development application may be submitted so as to combine the preliminary and final plans into a single process, or the application may be submitted in separate stages depending on the degree of project design or land use commitment desired by the applicant or the city. The stages of planned development review are as follows:

A. Preliminary Plan.

1. The preliminary plan functions as a development suitability analysis and land use plan, which identifies opportunities and constraints within the planned development site. The intent of the preliminary plan is to establish limits, parameters, and planning objectives to guide development based on identified constraints and opportunities, including but not limited to physical characteristics, public services and facilities, capacity of the circulation system, and existing or planned uses of adjacent properties.

2. The preliminary plan shall provide information on the following planning issues:

a. The location, boundaries and acreage of the general land use types proposed within the planned development area, including open space;

b. Existing and proposed land uses within five hundred (500) feet of the project area boundaries, and anticipated impacts on adjacent land uses;

c. The proposed on-site circulation system, including roads, sidewalks and pathways for vehicular and pedestrian access and general locations of access points to major and secondary roadways;

d. Anticipated impacts on the existing circulation network, public facilities, and community services;

e. Where residential uses are proposed, the maximum number of dwelling units and the gross residential density shall be indicated;

f. Where applicable, a development program shall indicate the phasing and/or sequence in which the various development areas are to be developed. Each phase shall include sufficient development to enable that phase to exist as an independent entity integrated with previous phases, but not dependent upon later stages of construction with respect to drainage, road improvements, utilities, and environmental considerations.

B. Final Plan.

1. The final plan functions as a comprehensive, detailed plan of development for the planned development area. The final plan shall incorporate those provisions contained within the preliminary plan.

2. The final plan shall address the following issues:

a. Show the proposed land uses and building types, including the arrangement of such uses and building types. The development plan shall also illustrate the relationship of the buildings to the site, site grading, circulation, paving, parking, screening, lighting, setbacks, recreation and open space areas, and adjacent properties;

b. The level of public services and facilities required by the proposed development and the program for providing, operating, and maintaining such services and facilities;

c. Access and circulation requirements, and proposed improvements;

d. Known manmade and natural hazards and methods for mitigating such hazards;

e. Significant features and areas to be retained for common open space and provisions for the preservation, conservation, utilization and maintenance of such areas.

3. The final plan shall include a written text describing the proposed project and its development standards, which shall be mapped clearly showing the pertinent features of the proposed development, as well as conditions on and around the site affecting the overall design of the project.

4. The written text portion of the final development plan shall include but not be limited to the following sections, as applicable to the project:

a. Project description, including:

i. Legal description,

ii. Name of project, owner, developer and/or builder,

iii. Proposed uses,

iv. Existing site conditions,

v. Total net and gross site area,

vi. Total building area,

vii. Floor to lot area ratio (for commercial or industrial uses),

viii. Total net and gross density (for residential uses),

ix. Total lot coverage by impervious surfaces,

x. Development schedule,

xi. Proposed phasing,

b. Tabulation of each proposed phase, including:

i. Land use area,

ii. Estimated population and density,

iii. Number of dwelling units and dwelling units/gross acre (for residential areas),

iv. Building coverage, parking and road coverage, and open space, in acres and as a percentage of total site area,

v. Proposed site alteration (grading in cubic yards),

vi. Linear feet of proposed street, and percent grade, number of estimated commercial, office or industrial employees, and estimated number of customers,

vii. Proposed floor to lot area ratio (for commercial or industrial areas),

viii. Parking spaces required and provided;

c. Development standards, including standards for lot size, building density, population density, height, bulk, setbacks, and other applicable standards which shall be established by the planned development;

d. Public services and facilities, including estimated impacts of the development on schools, parks, medical facilities, libraries, fire and police protection, emergency services, solid waste disposal, and other community facilities as applicable to the project; the services and facilities to be provided as a part of the proposed project; and estimated costs for such services and utilities in relation to the proposed financing plan, including those costs which may be determined to be reimbursable;

e. Circulation, describing the standards, approximate costs, mileage, and type of financing for construction and maintenance of roads, rail, trails, public transit facilities and other public transportation systems. This section shall also discuss impacts of the proposed project on the existing circulation network in terms of average daily trips and peak hour trips generated;

f. Conservation and open space, describing proposed open space and recreation facilities, and preservation of natural features such as desert plants, cultural resources, protected species, or other natural resources;

g. Public safety, including seismic, flood or other safety hazards affecting the site, and safety features for protection of the project from hazards;

h. Noise, describing existing or proposed noise generators on or near the site, such as highways, freeways, rail lines, airports, etc., along with standards for the protection of present and future site occupants from noise disturbances associated with such features;

i. Site design, describing any major design features proposed on the site, including but not limited to use of landscaping, screening, architectural excellence, public amenity areas, art in public places, or other similar features which will provide an overall aesthetic benefit to the city;

j. Appendix, including the names, addresses and phone numbers of property owner(s), developer, and professional consultants. The appendix shall also contain all supporting technical reports prepared for the project.

5. The mapped portion of the final plan shall include the following:

a. A small-scale vicinity map showing the relationship of the site to natural and manmade features and facilities near the site;

b. A base map showing the site and surrounding area within five hundred (500) feet, including the location of natural contours and drainage features at two-foot intervals (contour interval may be five feet for hilly terrain); and any existing structures, improvements, excavations, easements and roadways;

c. An information map identifying the areas with respect to seismic, flood, noise, scenic or cultural resources as described in the text, along with a preliminary grading plan showing proposed cut and fill areas and grading elevations;

d. A land use and circulation design, including lot layouts and building pads with dimensions, proposed uses, and setbacks. Proposed circulation improvements shall include the location, width and names of proposed streets or highways, public transit routes, bikeways, pedestrian ways, riding and hiking trails, and parking facilities, including the number of spaces provided. This map shall also show mature trees to be retained, relocated or removed; any proposed phasing of the development; and major site design features; and any other information included on the checklists as provided by the planning division;

e. Aerial photograph of the site (if available);

f. Maps designated in Section 16.12.150(B)(5)(b—d) shall be of a uniform scale sufficient to clearly identify proposed development features included on the site and within five hundred (500) feet of the property line.

6. Where a subdivision of land is proposed concurrently with a planned development, a tentative tract map or minor subdivision plot plan shall accompany and be reviewed concurrently with the final plan.

(Ord. 192 Exh. A (§ 83.04.040), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

Prior to approving an application for a planned development, the reviewing authority shall find that all of the following are true:

A. The proposed plan is consistent with the maps, goals and policies of the city's general plan and any other applicable land use policies and ordinances;

B. The site for the proposed development is adequate in size and shape to accommodate proposed uses and proposed development standards for all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features;

C. The improvements required in the conditions of approval, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including but not limited to flood, seismic, and fire hazards;

D. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways;

E. Adequate public services exist, or will be provided in accordance with the conditions of approval for the final plan to serve the proposed development; and the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety and welfare;

F. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land use of adjacent properties;

G. The proposed development carries out the intent of the planned development provisions, by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards.

(Ord. 192 Exh. A (§ 83.04.050), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

No revisions may be made in an approved planned development before, during or after construction, except upon application to and approval by the reviewing authority, under the procedures provided below:

A. Minor revisions, such as in the location and placement of buildings and structures, may be authorized by the reviewing authority under the administrative review without notice procedure, pursuant to Section 16.12.005(A)(3). Such revisions shall be permitted only if required by engineering or other circumstances not foreseen at the time the development plan was approved. These revisions shall be made prior to recording the final subdivision map, or the issuance of any building permits, whichever occurs first.

B. Major revisions, such as changes in use or density, any significant rearrangement of lots, blocks and building tracts, any substantial changes in the provisions of common open spaces, and all other modifications shall be approved by the reviewing authority authorized to approve the plan being revised. The reviewing authority shall hold a public hearing to consider such major revisions. No amendments may be made in the approved development plan unless they are shown to be required by changes in conditions that have occurred since the development plan was approved, or by changes in the general plan or other applicable city policy.

(Ord. 192 Exh. A (§ 83.04.060), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. In the event a planned development is withdrawn, or the applicant fails to obtain approval of the application within the conditional land use decision time limitation specified herein, prior to adoption of the general plan amendment associated with the plan, said plan, including the general plan amendment, shall be void.

B. In the event the general plan amendment is adopted, but the applicant fails to complete the planned development process within the conditional land use decision time limitation specified herein; the planned development shall become void. The city council shall initiate a general plan amendment to revert the property to the land use designation which existed prior to the adoption of the planned development, or to a more appropriate designation.

C. Expiration of an approved or conditionally approved planned development shall terminate all proceedings. Where a tentative subdivision map application has been concurrently filed with a planned development application, no final subdivision map or parcel map for all or any portion of the real property included within the tentative subdivision map shall be filed for record, without first processing a new planned development application.

(Ord. 192 Exh. A (§ 83.04.070), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Where a planned development is developed in phases, each successive phase shall incorporate the findings, conditions and requirements of the approved planned development.

B. Approval of any development plan which modifies the findings, conditions and requirements of the previously approved planned development, shall constitute an amendment of the planned development approval.

(Ord. 192 Exh. A (§ 83.04.080), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)