Article II — Conditional Development Permits

A conditional development permit may be issued to allow adjustment of the requirements of the district in order to secure special benefits possible through comprehensive planning of such large development. Further, such adjustment is intended to allow relief from the monotony of standard development; to permit the application of new and desirable development techniques; and to encourage more usable open space than would otherwise be provided with standard development.

• (Ord. 939 § 2, 2005; Prior code § 30.703(A))

A conditional development permit shall apply to the following:

• (1) Development on a parcel in excess of one (1) acre in area; or

• (2) Development on a parcel with a lot area that is less than one (1) acre in area but greater than or equal to twenty thousand (20,000) square feet in area; provided, that the development complies with the below market rate (BMR) housing program set forth in Chapter 16.96 and that the number of BMR units developed on the site exceeds the required number of BMR units by a fractional equivalent of more than one-half (0.5) of a unit.

• Conditional development permits shall not apply to any parcel in the SP-ECR/D district. (Ord. 939 § 3, 2005; Ord. 979 § 12 (part), 2012)

Every application for a conditional development permit shall be accompanied by architectural drawings and plot plans, all to a workable scale, showing the elevations and location of proposed buildings; proposed location and type of landscaping; use and treatment of grounds around such buildings; off-street parking; physical features such as trees, hydrants, utility poles, flood lights, driveways, fences, signs, proposed drainage facilities and any other pertinent information considered appropriate by the planning commission to bring the development within the purpose of this section.

(Prior code § 30.703(B))

Applications for conditional development permits shall be made in writing by a property owner, lessee, purchasers in escrow or optionee, with the consent of the owner, on a form prescribed by the planning commission and accompanied by a fee, set by the City Council. (Prior code § 30.703(C))

Upon receipt of an application for a conditional development permit, the secretary of the planning commission shall set a date for a public hearing on such application; such hearing shall be held within forty-five (45) days after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 16.84.

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City of Menlo Park, CA § 16.82.080

ZONING

§ 16.82.100

(Prior code § 30.703(D))

Application for conditional development permits shall be considered by the planning commission in relation to the effect upon the immediate neighborhood and the city. The planning commission may require offers of dedication or whatever special conditions or improvements are necessary to keep the proposed development within the spirit and purpose of this chapter. The application may be approved and recommended to the City Council if the commission finds that the development will serve the health, safety, and general welfare of the city. (Prior code § 30.703(E))

Upon receipt of the planning commission's recommendation on a conditional development permit, the city clerk shall set a date for a public hearing thereon. Such hearing shall be held within thirty days after the receipt of the recommendation. At the conclusion of such hearing, the City Council may approve the conditional development permit, as recommended by the planning commission or as modified by the City Council. Council approval shall be in the form of an ordinance which shall combine the X district with the appropriate zoning district. (Prior code § 30.703(F))

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City of Menlo Park, CA