Part II

Specific Plan Preparation Process.

[Ord. No. 1032, § 1, 1995.]

• A. In the case in which the City desires to initiate and prepare a Specific Plan, the City Council shall adopt a Resolution of Intention. Said Resolution shall contain the necessary findings for adoption of said plan and shall also contain the City costs related to the preparation and prorated fees charges to affected property owners which shall be assessed at the earliest point in processing, but no later than prior to time of building permit issuance.

• B. Private parties wishing to use a Specific Plan shall petition the City requesting permission to file a "Request for Specific Plan Process" with the Community Development Department, and shall pay all required fees. The petitioner is not required to own or otherwise control the majority of the property requested to be included within the Specific Plan area.

• C. A Request for Specific Plan Process shall include:

  1. A description of the proposed project;

  2. A vicinity map, drawn to scale, showing the proposed Specific Plan area, relationship to the City's Sphere of Influence, and areas within one (1) mile of the property;

  3. A location map, drawn to scale, showing the planning area and all exterior property lines within three hundred (300) feet of the subject area;

  4. The existing homes, addresses and assessor parcel numbers for the properties shown on the location map, listed from the latest assessor's roll;

  5. The existing land use and proposed land use (General Plan and Zoning) designations, and densities, for the properties shown on the map;

  6. A statement of relationship of the proposed Specific Plan with the General Plan;

  7. A statement of relationship of the proposed Specific Plan area with the adopted Annexation Planning Areas.

[Ord. No. 1032, § 1, 1995.]

Upon receipt of the petition for Specific Plan process, the Community Development Department shall schedule a Pre-initiation meeting with the petitioner within thirty (30) days to review the Specific Plan petition. Upon review of the petition, the Director has the discretion to propose modifications to the proposed Specific Plan and scope of the project in order to facilitate comprehensive planning.

[Ord. No. 1032, § 1, 1995.]

The Director shall review the petition and may request additional information and technical studies necessary to comply with the California Environmental Quality Act (CEQA). All efforts shall be made to utilize existing information contained in the City's General Plan Environmental Impact Report (EIR). If an Environmental Impact Report (EIR) is required, upon certification of the EIR, no further EIR or Negative Declaration (pursuant to the California Public Resources Code Sections 21000 et seq.) need be filed for any project which is undertaken pursuant to and in conformity with, the adopted Specific Plan for which the EIR has been certified. An amendment to the Specific Plan, proposed uses or environmental impacts not adequately addressed by the certified EIR or other CEQA compliance document, will require an environmental assessment which may necessitate a Supplemental EIR or other appropriate documentation. Such Supplemental EIR or other appropriate CEQA document shall be processed along with the amended Specific Plan as provided in this section.

[Ord. No. 1032, § 1, 1995.]

• A. Persons seeking Specific Plan approval shall submit a formal application which shall be accompanied by a draft Specific Plan document. California Government Code Section 65451 specifies the minimum contents required for processing Specific Plan applications. The section also provides for optional contents to address other subjects, which in the judgement of the City, are necessary or desirable for the implementation of the General Plan. A Specific Plan shall include a text and a diagram or diagrams which specify all of the following information. The Community Development Department provides a listing outlining Specific Plan submittal requirements, which will be utilized in reviewing Specific Plans.

  1. The distribution, location, extent and intensity of land use including open space, within the area covered by the Specific Plan;

  2. The proposed distribution, location, extent, and intensity of major public facility and service components such as public and private transportation, schools, parks, open space, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the Specific Plan which are consistent with adopted infrastructure master plans;

  3. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the Specific Plan;

  4. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

  5. The implementation of all applicable provisions contained in each element of the General Plan (e.g. open space, circulation, etc.);

  6. The identification of proposed changes, deviations and/or modifications to adopted City standards;

7. Such other information as is deemed necessary by the City to assure that the proposed Specific Plan is consistent with the provision of State laws, the General Plan and any other laws and regulations of the City and all other local agencies.

[Ord. No. 1032, § 1, 1995.]

The Specific Plan may be required to be accompanied by supporting documentation deemed necessary for the processing of the Specific Plan. Supporting documentation may include, but is not limited to, a financial analysis as required by State Law, to a level of specificity as required by LAFCO.

[Ord. No. 1032, § 1, 1995; Ord. No. 1073, § 1.]

• A. The City Council may establish as a part of the resolution authorizing the acceptance and processing of a Specific Plan, a fee or fees to be applied to a Specific Plan area in order to reimburse the City for the costs of preparation, processing or implementation of the Specific Plan. If a Specific Plan is initiated and prepared by the City, actual costs of said Plan shall be assessed based on relative benefits to the affected property owners. Notwithstanding the foregoing, no fee shall be established by the City in violation of the Contributor Agreements entered into by the City in 1991 as part of the City Council's Resolution No. 91-61.

• B. Application fees for the review and preparation of Specific Plans shall be set forth by a resolution of the City Council as provided by Section 65456 of the California Government Code which allows fees to be charged in order to recover the costs incurred to review the applications, as well as prepare, review, and comment on the Specific Plan proposal and corresponding documents. This shall include, but not be limited to, staff time including consultants costs and environmental review, and may be revised from time to time as deemed necessary.

• C. Where a Specific Plan is prepared and funded by less than one hundred percent (100%) of the property owners covered by the Plan, the preparers of the Specific Plan shall be entitled to reimbursement for all benefiting property owners. The property owners funding the Specific Plan shall submit information to the City Council regarding expenses incurred in the preparation of the Specific Plan. The City Council, either concurrently with, or subsequent to, the adoption of the Specific Plan shall make a determination of allowed reimbursable expenses and shall enter into a reimbursement agreement with the property owners in a form approved by the City Attorney.

[Ord. No. 1032, § 1, 1995.]

• A. The Planning Commission and City Council shall hold separate and independent public hearings on the proposed adoption or amendment of a Specific Plan.

• B. The Planning Commission shall review all proposed Specific Plans or amendments thereto, and shall act by resolution to adopt, reject, or modify the proposed Specific Plan and forward its recommendation and findings to the City Council for action.

• C. The City Council shall review the Planning Commission's findings and recommendations and shall act by ordinance to adopt, reject, or modify said Specific Plan or proposed amendment.

• D. If the City Council, prior to approval of the Specific Plan, desires changes or modifies a major or significant portion of a proposed Specific Plan recommended by the Planning Commission, then such substantial changes and/or modifications must first be referred back to the Planning Commission for consideration, unless the Planning Commission considered similar changes and/or modifications as part of its deliberation.

• E. Prior to approving or conditionally approving any Specific Plan or amendment thereto, the following findings shall be made by the Planning Commission and City Council that the Specific Plan:

  1. Is consistent with the goals and policies of the General Plan and with the purposes, standards, and land use guidelines therein;

  2. Will help to achieve a balanced community by providing a mix of housing for a wide range of residents in the City of Oakdale;

  3. Results in development which will be compatible with existing and proposed development in the surrounding neighborhood;

  4. Contributes to a balance of land uses so that local residents may work and shop in the City of Oakdale;

  5. Respects environmental and aesthetic resources consistent with economic realities; and,

  6. Ensures and provision of all necessary public services and facilities, financial arrangements, and implementation.

[Ord. No. 1032, § 1, 1995.]

• A. Adoption of a Specific Plan will signify adoption of the SP Zone District, however, an SP Zone District shall only become effective upon the actual date of annexation.

• B. SP Zone Districts shall be numbered, the first SP Zone District adopted being identified as "SP1", and with each subsequent zone numbered successively.

• C. The City of Oakdale Zoning Map shall be amended to reference all adopted and effective SP Zone Districts.

[Ord. No. 1032, § 1, 1995.]

Prior to development occurring or issuance of building permits within an adopted Specific Plan area, the proposed development shall be determined to be in substantial conformance with the Specific Plan for the area. Criteria for review and approval of proposed development shall include, but not be limited to the following:

• A. Conformance with the land use designation;

• B. Conformance with the specific development standards, goals and policies of the Specific Plan;

C. Conformance with the intended density of the site.

[Ord. No. 1032, § 1, 1995.]

Each Specific Plan shall specify the revision procedures and define what types of modifications qualify as a revision (as noted in a checklist of examples for major and minor modifications, and adopted by City Council resolution).

[Ord. No. 988, Exh. D, 1991.]

These provisions specify procedures for hearings before the Community Development Director, Environmental Review Committee, Planning Commission and City Council and appeals of any requirement, decision or determination made by the Director, Design Review Committee or the Commission.

[Ord. No. 988, Exh. D, 1991.]

Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Section 65090 .

• A. Not less than ten (10) days before the date of a hearing, public notice shall be given of such hearing in the following manner:

  1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date and time, and place of the scheduled hearing, and the hearing body;

  2. By mailing ten (10) days prior to said hearing, postage prepaid, to the owners and tenants of property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. Notice is deemed received two (2) days after date of postmark. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;

  3. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent; and,

  4. In the event that the number of owners and tenants to whom notice would be sent pursuant to Subsection A2 above is greater than one thousand (1,000), in lieu of notice pursuant to Subsection A2 notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having general circulation within the area. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.

[Ord. No. 988, Exh. D, 1991.]

The Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Code and the General Plan; the Director shall report the findings to the Environmental Review Committee, Commission or Council, as appropriate.

[Ord. No. 988, Exh. D, 1991.]

Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place of which said hearing will be continued.

[Ord. No. 988, Exh. D, 1991.]

The Director (Acting as Hearing Officer), Planning Commission or City Council shall record their respective decisions following the hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing and decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

[Ord. No. 988, Exh. D, 1991.]

Except as stated otherwise in this chapter, approval shall become effective ten (10) days following the final action of the appropriate reviewing authority.

[Ord. No. 988, Exh. D, 1991.]

Any determination or action taken by the Director, Design Review Committee or Environmental Review Committee may only be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application or appeal may be appealed to the Council.

[Ord. No. 988, Exh. D, 1991.]

All appeals shall be submitted to the Community Development Department on a City application form, and shall specifically state the basis of the appeal. An appeal of the Director, Design or Environmental Review Committee action shall be filed with the Department within ten (10) days following the final date of action for which an appeal is made. An appeal of a Commission decision

shall be filed in the office of the City Clerk within ten (10) days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee.

[Ord. No. 988, Exh. D, 1991.]

Notice of an appeal hearing shall conform to the manner in which the original notice was given.

[Ord. No. 988, Exh. D, 1991.]

An action of the Director or Design or Environmental Review Committee appealed to the Commission shall not become final until upheld by the Commission. An action of the Commission appealed to the Council shall not become final unless and until upheld by the Council.

[Ord. No. 988, Exh. D, 1991.]

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of fifteen (15) days has elapsed following the written notice of decision.

Boundaries of the Zoning Districts established by this chapter and all other provisions of this chapter may be amended whenever public necessity, convenience and/or the general welfare require.

• A. Zoning District Boundary Changes or Prezoning of unincorporated territory may be initiated by:

  1. An application/petition verified by one (1) or more of the owners or their authorized agents of all or part of the property which is the subject of the Zoning District Boundary Change or Prezoning.

  2. Resolution of the Planning Commission or City Council.

• B. Changes in other provisions of this chapter may be initiated by resolution of the Planning Commission or City Council, or by written report of the Community Development Director.

Application shall be made in writing by the property owner or his authorized agent and shall, at a minimum, contain the following:

• A. An application/petition form as prescribed by the Director.

• B. A legal description of the property proposed for the Zoning District Boundary Change or Prezoning.

• C. A current Preliminary Report of Title from a licensed Title Company.

• D. Such other information as the Director may require for the application evaluation consistent with the nature of the proposed Zoning District Change or Prezoning.

• E. A Filing Fee pursuant to § 36-27 .

The applicant for a Zoning District Boundary Change or Prezoning shall have the burden of proof of showing that:

• A. The requested Zoning District change is required by public convenience and necessity.

• B. The requested change will result in an orderly, efficient, and beneficial use of land resources.

• C. The requested Zoning District change is in accordance with the community's objectives as set forth in the General Plan.

The Planning Commission shall evaluate the Zoning District Boundary Change or Prezoning application to establish whether or not the following findings, and such other findings which may be specified by State law, can be determined, based on the evidence and testimony presented:

• A. That the proposed Zoning District is consistent with the General Plan and any applicable specific plans adopted by the City.

• B. That the site is physically suitable for the density and/or intensity of the proposed Zoning District.

• C. That the proposed Zoning District is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat.

• D. That the Zoning District Change or Prezoning is required for public convenience and necessity.

The Planning Commission shall render its decision in the form of a written report to the City Council subject to the following:

• A. The Planning Commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the Planning Commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. Copy of such report and recommendation shall be transmitted to the City Council within ninety (90) days after the first notice of hearing thereon; provided however, that such time may be extended with the consent of the City Council and the petitioner for such amendment.

• B. In the event that the Planning Commission recommends approval of a proposed Zoning District Change or Prezoning to Planned-Development (P-D), the Planning Commission report shall include recommendations for a Development Agreement specifying Property Development Standards, pursuant to § 36-16.5 , and a Development Schedule.

• C. In the event that the Planning Commission recommends approval of a proposed Zoning District Change or Prezoning to Historical-Cultural Combining (H-C), the Planning Commission report shall include recommendations for Property Development Standards pursuant to § 36-17.7 .

Upon receipt of the report of the Planning Commission, the City Council shall conduct a Public Hearing thereon, giving notice pursuant to § 36-20.4 .

The City Council may approve, modify, or disapprove the recommendation of the Planning Commission provided that any modification of the proposed Zoning District Change or Prezoning by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification. City Council action for a Zoning District Change or Prezoning shall be initiated and adopted as other ordinances are amended or adopted.

Upon final action of the City Council, the Director shall advise the applicant, in writing, of the determination and include any applicable requirements and conditions.

Approved Prezoning shall become effective at the time the annexation becomes effective.

Upon the annexation of territory to the City which has not been prezoned, the Planning Commission shall initiate proceedings to zone the annexed territory pursuant to § 36-23.2.A.2.

Any text amendment to this chapter shall be initiated and adopted as other ordinances are amended or adopted except that any amendment which changes any property from one zone to another zone, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated pursuant to this section.

[Ord. No. 1205.]

• A. The purpose of this section is to strengthen the public planning process, encourage private participation in comprehension planning and reduce the economic costs of development by enabling the City and an applicant for a development project to enter into a development agreement which vests certain development rights.

• B. The reduction in uncertainty in the development review process will promote long-term stability in the land use planning process of local government and will result in significant public gain at the local level.

• C. This Section is adopted in compliance with the provisions of California Government Code Sections 65864 et seq.

[Ord. No. 1205.]

• A. Eligibility to Apply. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property that is the subject of the development agreement. The Director may require an applicant to submit proof of the applicant's interest in the real property and of the authority of any agent to act for the applicant. Before processing the application, the Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.

• B. Application Content. The Director shall prescribe the form for each application along with a processing fee as adopted by the City Council. The Director may require an applicant to submit such information and supporting data as the Director considers necessary to process the application.

• C. Form of Agreement. Each application shall be accompanied by the form of standard development agreement established by the City and approved by the Council with any additional alternatives, modifications or changes proposed by the applicant.

[Ord. No. 1205.]

The Director shall give notice of the City's intention to consider adoption of a development agreement in conjunction with any other public hearing required by law or this ordinance, at least ten

(10) days prior to the hearing date. The form, content, and method of providing notice shall be consistent with § 36-22.2 of this chapter.

[Ord. No. 1205.]

• A. The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given the opportunity to be heard. The applicant has the burden of proof at such hearings.

• B. No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

• C. After a hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project including amendments to the General Plan, rezonings, subdivision maps, or Conditional Use Permits, the Planning Commission shall make its recommendation in writing to the Council. The recommendation shall include consideration of the following:

  1. Consistency with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;

  2. Consistency with the provisions of this title;

  3. Conformity with public health, safety and general welfare;

  4. The effect on the orderly development of property or the preservation of property values; and

  5. Whether the provisions of the agreement shall provide sufficient benefit to the City to justify entering in the agreement.

[Ord. No. 1205.]

The hearing shall be conducted pursuant to § 36-23.24A above. Following notice as provided by § 36-22.2 above, the Council shall hold a special hearing. It may accept, modify or disapprove the recommendation of the Planning Commission. The Council shall not approve the development agreement unless if finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. If the Council approves the development agreement, it shall do so by the adoption of an ordinance. After the ordinance approving the development agreement takes effect, the City may enter into the agreement.

Either party may propose an amendment to, or cancellation in whole or in part, of an executed development agreement. If proposed by the developer, the procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into an agreement in the first instance. However, where the City initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least thirty (30) days notice to the property owner of its intention to initiate such proceedings in advance of the giving of public notice of hearing.

[Ord. No. 1205.]

• A. Within ten (10) days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

• B. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65865.1 for failure of the application to comply in good faith with the terms or conditions of the agreement, the City Clerk shall likewise have record notice of such action with the County Recorder.

[Ord. No. 1205.]

The City shall review the development agreement every twelve (12) months from the date the agreement is entered into.

• A. The Director shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. The Director shall give the notice at least thirty (30) days before the date when the matter shall be considered by the Council.

• B. The Council shall receive the Director's report at a regularly scheduled City Council meeting. A public hearing may be held but is not required. At the meeting, the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. If a public hearing is held, notice of the hearing shall be given as provided by § 36-23.23 .

• C. The Council shall determine whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

• D. If the Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded. If the Council finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Council shall order the property owner to cure the default within sixty (60) days. If the property owner fails to do so, the Council may modify or terminate the agreement.

[Ord. No. 1205.]

• A. If upon a finding under § 36-23.28 , the City determines to proceed with modification or termination of the agreement, the City shall give notice to the developer of its intention to hold a hearing not less than thirty (30) days prior to the hearing. The notice shall contain:

  1. The time and place of hearing;

  2. A statement as to whether or not the City considers necessary to inform the developer of the nature of the proceeding;

  3. Any other information which the City considers necessary to inform the developer of the nature of the proceeding.

• B. At the time and place set for the hearing on modification or termination, the developer shall be given an opportunity to be heard. If the hearing is conducted before the Council on appeal, the Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the Council is final.

[Ord. No. 1017, Exh. B-1, 1995.]

The regulations set out in this section shall apply in all PD Districts and shall be subject to the provisions of § 36-18 , except as provided in the ordinance approval.

[Ord. No. 1017, Exh. B-1, 1995.]

To encourage creativity, flexibility and open space in Residential, Commercial, Industrial and Mixed Use developments.

[Ord. No. 1017, Exh. B-1, 1995.]

Condominiums, community apartments, mixed residential/commercial uses, shopping centers, business parks, industrial parks, hospitals. See § 36-23.42 for Small Lot Subdivision PD.

[Ord. No. 1017, Exh. B-1, 1995.]

Only those related uses such as laundry rooms, storage and maintenance facilities. All accessory buildings must be approved per the site plan resolution of approval.

[Ord. No. 1017, Exh. B-1, 1995; Ord. No. 1125, § 3; Ord. No. 1229-15 Exh. A.]

• A. Lot Area. Two (2) acre minimum for standard Residential PD, Commercial PD, and Mixed Use PD, one (1) acre minimum for Senior Citizen PD and four (4) acre minimum for Industrial PD.

• B. Lot Coverage. Forty (40%) percent of gross, maximum, based upon the building footprint for residential Planned Developments. For nonresidential Planned Developments see City of Oakdale Planned Development Guidelines.

• C. Setbacks and Distance Between Buildings. Perimeter of project: The minimum residential front, rear and side yard structural setbacks for the project shall be fifteen (15) feet except at garage doors, which shall be twenty (20) feet. Interior of project: The minimum dwelling unit side structural setback from other dwelling units shall be five (5) feet when there are two (2) side yards and ten (10) feet when there is a zero-lot line approach. For nonresidential PDs the minimum setbacks shall be the same as the zoning type requested, or required by § 36-18 . These setbacks may be modified upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Oakdale.

• D. Building Heights. The maximum allowable building height shall be thirty-five (35) feet or two (2) stories for residential and commercial development. Industrial PDs shall be reviewed on a caseby-case basis, and may be modified upon a finding by the Planning Commission that such modification will not be detrimental to the health, general welfare or safety of the City of Oakdale.

• E. Landscaping. Approval of a general landscaping plan showing all fences, walls, hedges, screen plantings and trees shall occur as part of Planning Commission approval with site plan review.

• F. Off-street Parking. Loading and vehicle access–parking, loading and vehicle access improvement plans shall be per City standards and shall be provided for in the submitted plan. Unless specifically addressed as part of the Site Plan approval, parking requirements shall comply with § 36-25 .

• G. Signs. In multiple dwelling PDs containing more than six (6) units there shall be an internally lit sign at each entrance, not to exceed fifteen (15) square feet in area, containing a map showing the location of individual units. In addition, each unit shall be identified with self-illuminated and clearly visible numerals.

• H. Laundry Facilities. All dwelling units shall be provided with internal laundry facilities or an accessory laundry building shall be provided on site.

• I. Garbage Disposal. All site plan reviews shall include information on the location and screening of garbage storage and disposal facilities, per City standards.

• J. Open Space. All residential PDs with twelve (12) or more dwelling units shall provide thirty (30%) percent usable open space for passive and active recreational uses. Usable open space area shall not include: right-of-ways, vehicle parking areas, areas adjacent to or between any structures less than fifteen (15) feet apart, setbacks, patios and private yards. No open space dimension shall be less than sixteen (16) feet. Open space area calculations and dimensions shall be provided for in the plan submitted, for nonresidential Planned Developments.

• K. Planning Commission Review. The City of Oakdale Planning Commission review of all planned developments shall include but not be limited to the following elements:

  1. Site Plan

  2. Elevations

  3. Floor Plan

  4. Landscape Plan

5. Open Space Plan

• L. Guidelines. (Reserved)

• M. Amenities. All residential planned developments shall provide recreational amenities which may include: a swimming pool, spa, clubhouse, tot-lot with play equipment, picnic/barbecue area, day care facilities, and court-game areas such as tennis, basketball, lawn bowling or shuffleboard. The number of amenities required shall be according to the following schedule.

1 to 11 units 1 amenity 12 to 40 units 2 amenities 41 to 100 units 3 amenities 101 to 200 units 4 amenities

• N. Unit Density. For those developments which provide at least twenty-five (25%) percent of the total units for persons of low-income, or ten (10%) percent for very-low-income, as defined in the State Health and Safety Code , bonus incentives will be provided which may include: City construction of selected public improvements, the use of Federal or local funds to reduce property cost, waiving of filing, processing, or connection fees, and the selective reduction of housing or zoning standards, including the granting of density bonuses of up to twenty-five (25%) percent over the otherwise allowable density in any residential area zoned R-1, R-2 or R- 3. In granting any density bonus, adequate assurance, including but not limited to deed restrictions and/or development agreements with yearly reporting requirements to the Community Development Department, must be provided that said housing units will remain available to low- and very-low-income housing.

• O. Senior Planned Development Standards. The minimum lot area for a Senior Citizen planned development shall be two (2) acres. A smaller minimum acreage may be considered for infill projects.

  1. Open space requirements shall be per Subsection J. of this section.

  2. No more than fifteen (15%) percent of the recreation and open space area may be counted for interior structure areas except where the project is less than four hundred (400) feet from a neighborhood park.

  3. In no case shall the exterior open space provided be less than three thousand (3,000) square feet of usable space.

  4. Required parking spaces shall be "oversized"– ten (10) feet by twenty (20) feet. Special consideration may be given to reduced parking required for projects adjacent to a commercial shopping center.

• P. Major Retail Development Standards. The following development standards apply to all Major Retail Development. The goal of these development standards is to affirm the City's objective that Major Retail Development create or impart a sense of place and/or streetscape at a scale appropriate to the character of Oakdale with its small town atmosphere, its exceptional unique architectural characteristics and rural western community heritage, as well as preserving the diversity and vitality of Oakdale's commercial districts and the quality of life of Oakdale residents. In addition to the development standards prescribed elsewhere in this chapter, including, but not limited to the applicability of Site Plan Review or discretionary review process prescribed in § 36-19 , § 36-20.2 , or § 36.23.30 of this chapter, all major Retail Development shall comply with the following development standards:

  1. A typical or classic "big box" design shall not be allowed (e.g., large four-sided structure with little or no ornamentation, decoration, unique architectural features, interesting fenestration, etc.).

  2. When the project site is within three hundred (300) feet of a Residential Zoning District, measured from the property line and excluding streets and alleys, the maximum height of any wall excluding architectural accent features shall be the maximum height permitted in that Residential Zoning District.

  3. The design of service areas, including outdoor storage, trash collection, loading, etc., shall be incorporated into the primary building design and shall be of materials of comparable quality and appearance as that of the primary building.

  4. When the service areas (loading docks, refuse storage and enclosures, etc.) are adjacent to or across the street from residential neighborhoods, all delivery trucks, garbage trucks, and other large vehicles servicing the commercial development shall access the service areas via internal driveways and not from the residential street.

  5. Rooftop equipment shall not be visible from a point of view that is five (5) feet above grade at a distance of two hundred (200) feet from the walls of the structure.

  6. The off-street parking serving the commercial development shall be divided into multiple lots, as necessary, so that no single lot has more than one hundred twenty (120) parking spaces. The lots shall be separated from each other by a visually aesthetic buffer, such as a landscape area including a landscaped street or landscaped pedestrian way.

  7. The maximum number of off-street parking spaces serving the development shall not exceed by more than ten (10%) percent the minimum number of required off-street parking as prescribed in the Oakdale Municipal Code.

  8. A covered passenger loading area shall be provided.

  9. Pedestrian walkways within the development shall be differentiated from driving surfaces through a change in elevation and materials.

  10. Parking and security lights shall not be taller than the buildings within the development, or a maximum of twenty-four (24) feet above grade, whichever is less.

11. All freestanding signs shall be located in a landscaped area that is equal in size or larger than the total sign area for that freestanding sign.

12. No reader boards having changeable copy, electronic or otherwise, are allowed.

13. If the development is located on an existing public transit route, or a reasonably foreseeable future transit route, a bus pullout and shelter shall be developed on site or at a location approved by the transit service provider.

14. If identified as a use or zone as a part of an adopted Specific Plan area, the development standards, design expectations and other related requirements of that Specific Plan shall also apply.

• Q. Major Retail Development — Economic Study. As may be required by the City, all development applications for Major Retail Development as defined herein, shall prepare an economic study in accord with the provisions of this subsection, and all other applicable laws, regulations, code, etc. The economic study shall be accompanied by supporting data, including, but not limited to, a market analysis determining the trade area of the proposed development, the present and future population within the trade area, and other economic indexes, including, but not limited to, data on effective buying power within the trade area; the projected number of jobs created by the development; the estimated wages; the estimated tax revenue including estimates of shifts from existing similar retailers; and the projected sales figures for the development.

§ 36-23.36. Applications–Requirements.

[Ord. No. 1017, Exh. B-1, 1995.]

• A. Completed application form, completed checklist, including signing off on checklist of review of Guidelines and Intent Statements.

• B. Development plan, to include:

  1. Topo Map

  2. Lots, Streets and Circulation Map

  3. Plot Plan w/Easements, Setback

  4. Parking Layout

  5. Landscape/Open Space Plan

  6. Drainage Plan (to include benchmarks and elevations at staff's discretion)

• C. Elevations and Floor Plans

• D. Development Schedule

• E. Environmental Forms (staff discretion)

• F. Filing Fee

[Ord. No. 1017, Exh. B-1, 1995.]

All applications for Planned Developments shall be processed as a zone change, pursuant to § 3622 and 36-23 . The Planned Development District, if adopted, shall be identified on the Zoning Map of the City of Oakdale. Each district shall be assigned a distinctive number. The PD District shall be regulated pursuant to the Development Plan establishing the PD District.

[Ord. No. 1017, Exh. B-1, 1995.]

Once adopted, amendments to change the Development Plan shall be processed as a zone change, except as provided for in the original Planned Development Ordinance approval.

[Ord. No. 1017, Exh. B-1, 1995.]

• A. Upon written request by the property owner, legal representative or successor in interest, and for good cause shown, the Planning Commission may grant a single one (1) year extension to the Development Schedule, so long as there are no proposed changes to the Development Plan and the Planning Commission finds good faith compliance with the terms of the Development Plan. The Planning Commission shall review all previous conditions and additional conditions and new restrictions may be required as part of the extension request.

• B. Additional extensions may be granted only by the City Council, upon recommendation by the Planning Commission, so long as there are no proposed changes to the Development Plan and the City Council finds good faith compliance with the terms of the Development Plan. The

Planning Commission and the City Council shall review all previous conditions and additional restrictions and new conditions may be required as part of the extension request.

[Ord. No. 1017, Exh. B-1, 1995.]

• A. Upon expiration of a Development Schedule, or the Development Schedule as may be extended, no building permits shall be issued for the PD District unless an extension of the Development Schedule is granted by the City Council.

• B. In no event shall a Development Scheduled as adopted, or as may be extended, exceed a combined period of five (5) years duration.

• C. Upon expiration of a Development Schedule, the City Council shall initiate a Zone Change pursuant to § 36-22 and 36-23 .

[Ord. No. 1017, Exh. B-1, 1995.]

• A. The Director shall review each Development Plan twelve (12) months from the date of adoption, and each subsequent twelve (12) month period thereafter, at which time the property owner, legal representative, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the Development Plan.

• B. The Director shall file a written report with the City Council evaluating such evidence as may be determined whether or not good faith compliance with the terms of the Development Plan has occurred.

• C. If, upon receipt of the Director's report and consideration, the City Council determines that based on substantial evidence, the property owner, legal representative or successor in interest thereto has not complied in good faith with the terms or conditions of the Development Plan, the City Council shall terminate the Development Plan, modify the Development Plan, and/or initiate a zone change.