Newark Municipal Code § 17.12.040 Development regulations

The purpose of this chapter is to establish a planned development (-PD) overlay district that provides for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions in order to:

A. Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zoning district regulations;

B. Ensure compliance with the general plan and provide various types of land use which can be combined in compatible relationship with each other as a part of a totally planned development; and

C. Promote creativity in building design and innovation in development concepts.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A -PD overlay district shall be noted on the zoning map by the designation "-PD," followed by the number of the planned development or specific plan based on order of adoption.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

No use other than an existing use is permitted in a -PD overlay district except in accord with a valid PD plan or specific plan.

A. Any permitted or conditional use authorized by this title may be included in an approved PD plan or an adopted specific plan consistent with the general plan land use designation(s) for the property.

B. In addition to permitted or conditional uses otherwise allowed in the CC, RC, and PO districts, residential uses may be allowed as part of a planned development. In the RC district, the minimum density of such housing is thirty units/net acre.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Minimum Area. The minimum area of a -PD overlay district shall be ten thousand square feet; however, the city council may approve a smaller area if it finds that a PD would provide greater benefits to the general welfare of Newark's residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.

B. Residential Unit Density. Except where a density bonus is granted in compliance with Chapter 17.19, Density Bonus for Affordable Housing, the total number of dwelling units in a PD plan shall not exceed the maximum number permitted by the general plan density for the total area of the planned development designated for residential use, excluding areas devoted to public and private streets.

C. Performance Standards. The performance standards prescribed by Chapter 17.24, Performance Standards, apply.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Decision-Making Body. A -PD overlay district must be adopted by the city council. A public hearing before the planning commission is required prior to city council review; and the planning commission shall make a recommendation to the city council.

B. Review Procedures.

1. Zoning Amendment. An application for a -PD overlay district shall be processed as amendment to the zoning map, according to the procedures of Chapter 17.39, Amendments to Zoning Map and Text, and shall include a specific plan or PD plan.

2. PD Plan. The PD plan shall be accepted and processed concurrently, in the same manner as a conditional use permit application, pursuant to Chapter 17.35, Use Permits, except the city council shall be the review authority.

3. Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

C. Initiation. An application for a -PD overlay district shall be initiated by a property owner or authorized agent, planning commission, or the city council. 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.

D. Application Content. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A PD plan and zoning amendment shall only be approved if all of the following findings are made:

A. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply;

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

C. 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;

D. The development generally complies with applicable adopted design guidelines; 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.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

In approving a PD plan and zoning amendment, the city council 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 that the city has adopted;

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

C. Achieve the findings listed above; 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.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Expiration.

1. PD Plan. A PD plan shall be effective on the same date as the ordinance creating the -PD overlay district for which it was approved and shall expire three years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding three years.

2. 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.

3. Phased Development. In the event that the applicant intends to develop the project in phases, and the city council approves phased development, the PD plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of the next phase.

B. Renewal. An approved PD plan that has not been exercised may be renewed for a three-year period approved by the city council after a duly-noticed public hearing. Application for renewal shall be made in writing between thirty and one hundred twenty days prior to expiration of the original approval. The city council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Changed Plans. Amendments to a -PD overlay district or PD plan or specific 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 overlay district or PD plan or specific plan shall be considered by the city council 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 overlay district;

2. An increase or decrease in the number of dwelling units for the -PD overlay district that is greater than the maximum or less than the minimum stated in the PD plan or specific 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 or specific plan;

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 public works director;

5. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the -PD overlay district or to the overall major street system, as determined by the public works director; or

6. Any other proposed change to the PD plan or specific 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.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A specific plan adopted by resolution of the city council shall be administered as prescribed by the council, consistent with Government Code Section 65450.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Plans for a project in a -PD overlay district shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan or specific 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 or specific plan.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)