Chapter 10.88 — PLANNED DEVELOPMENT PERMITS

The purpose of this Chapter is to provide a process for approving a Planned Development Permit that is intended to: A. Achieve Greater Flexibility. Provide a method to achieve greater flexibility than may be available through compliance with conventional Zoning Code standards and regulations.

B. Ensure Efficient Use of Land and Better Living Environment. Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, a better site plan and overall design than is otherwise possible through strict application of the development standards identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards).

C. Encourage More Creativity. Encourage more creativity than may be available through compliance with conventional Zoning Code standards and regulations.

D. Encourage Various Types of Development. Encourage the incorporation of various types of development into the project’s design that might not be available through conventional development regulations.

E. Ensure High Standards of Environmental Quality. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City’s resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and

F. Provide for Enhanced Amenities. Incorporate a program of enhanced amenities (e.g., enhanced landscaping, LEED related standards, additional and enhanced open space, additional public art, improvements to an existing public facility [e.g., park or trail, etc.]) than typically required by this Zoning Code. (Ord. 935 § 3 (part), 2015)

• A. Allowed Development Projects. A Planned Development Permit may only be requested for a residential, industrial, office, retail, mixed-use, or business campus-type development project.

• B. Minimum Site Area. A Planned Development Permit may only be requested for a site(s) with a minimum of 20,000 square feet for residential projects and one acre for all others.

C. Uses Allowed. A Planned Development Permit may only authorize a land use activity that is allowed in the underlying zone as depicted on the City's Official Zoning Map.

• D. Modification of Standards.

1. The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, FAR, height, and setbacks], fence and wall heights, landscaping, open space, street layout, etc.) identified in this Zoning Code, with the exception of an increase in the applicable density or intensity above the allowable maximums identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards).

2. Residential development projects with density or intensity standards increased above the maximums identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards) may only be approved in compliance with Government Code Section 65915 and Section 10.10.090 (Density Bonus for Affordable Housing). (Ord. 935 § 3 (part), 2015)

10.88.030 Application Filing, Processing, and Review.

An application for a Planned Development Permit shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Planned Development Permit applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.88.060 (Findings and Decision), below. (Ord. 935 § 3 (part), 2015)

The Commission may approve, approve in modified form, conditionally approve, or deny the Planned Development Permit application, based upon the findings contained in Section 10.88.060 (Findings and Decision), below. (Ord. 935 § 3 (part), 2015)

• A. Application Consistent with the Purpose of Chapter.

1. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.

2. The Director shall submit a staff report and recommendation to the Commission for its consideration.

• B. Notice and Hearings.

1. A public hearing shall be required for the Commission’s action on a Planned Development Permit application.

2. The public hearing shall be scheduled once the Director has determined the application complete in compliance with Section 10.82.070 (Initial Application Review).

3. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings). (Ord. 935 § 3 (part), 2015)

A. Commission’s Authority. The Commission may approve, approve in modified form, conditionally approve, or deny an application for a Planned Development Permit based on the findings specified in Subsection B., below.

• B. Required Findings. The Commission may approve a Planned Development Permit application, with or without conditions, only after first making all of the following findings:

1. The proposed use and resulting design:

• a. Is allowed within the subject base zone;

• b. Is consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan;

c. Is generally in compliance with all of the applicable provisions of this Zoning Code relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this Chapter and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Chapter; and

• d. Ensure compatibility of property uses within the zone and general neighborhood of the proposed development.

2. The proposed project will produce a comprehensive development with a better site plan and overall design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved

solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities [e.g., additional public art], LEED related standards, etc.) than might otherwise occur from more typical development applications;

3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;

4. Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards);

5. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;

6. Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare;

7. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use;

8. If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The enhanced amenities may include better landscaping and private open space, private or separated entrances, etc; and

9. The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. C. Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

A. Commission Action on Requested Changes. Requested changes in the Planned Development Permit, other than those allowed by this Section, shall be submitted to the Commission for review and approval.

B. Minor Changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in the number of dwelling units or an increase in square footage may be approved by the Director in compliance with Section 10.102.090 (Changes to an Approved Project). (Ord. 935 § 3 (part), 2015)

A. Landscaping. Landscaping shall be provided in compliance with Chapter 10.32 (Landscaping), unless modified in compliance with this Chapter.

B. Off-street Parking. Off-street parking provisions shall be provided in compliance with Chapter 10.30 (Off-street Parking and Loading), unless modified in compliance with this Chapter.

C. Signs. Signs shall be provided in compliance with Chapter 10.34 (Signs), unless modified in compliance with this Chapter. (Ord. 935 § 3 (part), 2015)

An application for a Planned Development Permit shall include a development schedule in compliance with the following.

A. Permit Application shall Include Development Schedule. An application for a Planned Development Permit shall be accompanied by a development schedule clearly identifying the approximate time period, after the Planned Development Permit becomes effective in compliance with Section 10.102.070 (Expiration), when construction of the entire project, including all of the approved amenities, can be expected to begin, the anticipated rate of development, and the anticipated completion date.

B. Development Schedule for Phased Developments. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase. The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, and before occupancy of any structure located within each particular phase of the development.

C. Director to Review Overall Progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.

D. Commission May Extend Development Schedule. Upon a written request by the developer/property owner, for good cause shown, the Commission may extend the time limits of the development schedule; provided, that a complete application for the extension of time limits shall be filed with the Department no later than 30 days before the date of expiration in compliance with Section 10.102.080 (Time Extensions). (Ord. 935 § 3 (part), 2015)

In approving a Planned Development Permit, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 10.88.060 (Findings and Decision), above. (Ord. 935 § 3 (part), 2015)

Permits shall not be issued for any use or construction proposed in an application for a Planned Development Permit until and unless the Planned Development Permit shall have become final, in compliance with Section 10.102.030 (Effective Dates of Permits). (Ord. 935 § 3 (part), 2015)

The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Planned Development Permit application. (Ord. 935 § 3 (part), 2015)