Chapter 17.12 — PLANNED DEVELOPMENT DISTRICT

The specific purposes of the PD planned development district are to: A. Establish a procedure for the development of large parcels of land in both residential areas and downtown in order to reduce or eliminate the rigidity, delay and inequity that otherwise would result from application of zoning standards and procedures designed primarily for small parcels; B. Ensure orderly and thorough planning and review procedures that will result in quality design and the creation, improvement and preservation of common open space; C. Encourage design variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space and amenity; D. Provide for flexibility, consistent with the general plan, in the application of certain land use and development regulations found in base districts, such as minimum lot size, lot width or depth, and building setbacks or heights, to take advantage of unique land use or site characteristics and to preserve unique or significant environmental features, including viewsheds, undisturbed hillsides and ridgelines and wildlife habitat; E. Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended; F. Provide for the protection of the public health, safety and welfare by allowing flexibility in site design and improvement to either avoid or remedy areas subject to hazard, including steep slopes, unstable soil conditions and lands subject to flooding;

G. Allow for the use of the planned development zone only where there is a clear, defined benefit to the citizens of Orinda when contrasted with development options of a different base zone for the subject property. The planned development zone shall not be used as a means to enhance development potential of lands which otherwise may not be able to be developed. (Ord. 99-5 § 2 (Exh. A (part))

An amendment to reclassify property in a residential or downtown zone to PD may be initiated by a property owner(s) or qualified applicant, the Planning Commission or the City Council. A map showing the extent of ownership must be submitted with the required concept plans and materials. A PD district is indicated on the zoning map by the designation "PD," numbered and identified sequentially by order of enactment and reference to the enacting ordinance. (Ord. 99-5 § 2 (Exh. A (part))

A. No use other than an existing use is permitted in a PD district except in accord with an approved PD plan. A permitted or conditional use may be included in an approved PD plan only if found consistent with the general plan. B. Prohibition of Specified Uses. 1. Commercial Marijuana Land Uses. Commercial marijuana land uses are a prohibited use in the PD district. 2. Outdoor Marijuana Cultivation. The outdoor cultivation of marijuana is a prohibited use in the PD district. (Ord. 99-5 § 2 (Exh. A (part); Ord. No. 17-05, § 2(Att. A), 9-5-17)

A. Minimum Area. The minimum area of a PD district for residential development shall be four acres. PD districts in the downtown area shall be at least one acre. However, a PD district may be subdivided in accord with a PD plan or specific plan. PD districts may be less than the required minimum sizes stated above only upon a finding by the City Council that there is unique character to the specific site, the proposed land use or the existing or proposed improvements.

B. Residential Density. The total number of dwelling units in a residential PD plan may not exceed the permitted general plan density for the total area of parcels which are the subject of the PD application. C. Other Development Regulations. All other development regulations prescribed by this title apply, except as may be approved or modified by an approved PD plan. (Ord. 99-5 § 2 (Exh. A (part))

In addition to the plans and materials required to accompany an application for a zoning map amendment, an application for rezoning to a PD district shall include a PD plan incorporating the following items: A. A map showing proposed district boundaries and the approximate relationship of the district to uses and structures within a three hundred (300) foot radius of the district boundaries; B. A map and/or aerial photo of the proposed district extending one hundred (100) feet beyond its boundary showing sufficient topographic detail to clearly indicate the character of the terrain; ridgelines and creeks; the type, location and condition of mature trees (of six inch diameter or greater) and other natural vegetation; and the location of existing development, including structures and roads; C. Plans and information which clearly and accurately respond to the following required information: 1. Gross and net acreages of all proposed lots, square footage totals of all proposed structural development, and residential density computations calculated pursuant to the slope density formula in Chapter 17.7 of this title; 2. Location of all proposed building footprints and setbacks to proposed property lines; 3. Location of all proposed roads, driveways, parking areas and related improvements; 4. Extent and nature of grading, including estimates of earth cuts and fills and proposed retaining walls, if any;

Drainage plan showing how water will drain from site to existing or proposed drainage courses or pipes; 6. Landscape plan, including proposed species, sizes and numbers of plants, general planting locations and irrigation/maintenance methods; 7. Detailed architectural renderings of all proposed buildings and other site improvements, including exterior elevations, building heights, relationships to existing and proposed grades, floor plans, roof plans, building cross-sections, building color and materials board, and other plans as deemed necessary by the city to ensure adequate review of project components; 8. The proposed location and capacity of major components of sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the specific plan; 9. Title report for the subject property, issued within six months of application submittal; 10. Soils/geotechnical report which addresses site conditions, proposed site improvements and mitigations which may be necessary to support proposed site development. (The report may be subject to peer review by a geotechnical engineering subconsultant to the city prior to submittal of a PD application, as determined by the City Engineer); 11. Phasing plan which indicates precise timing of phased development, if any, for development of all plan components; 12. Financial analysis which provides detailed costs of the proposed development, including site preparation, and assesses fiscal impacts, both immediate and future, to the city and service providers, consistent with any phased development plans; 13. Any other information which the city deems necessary to fully address and analyze the proposed plan. D.

A three-dimensional model of the proposed development, delineating buildings, open space and internal circulation. (Ord. 99-5 § 2 Exh. A (part))

A. General Procedures and Requirement Findings. A PD plan shall be processed at the same time as consideration of the application for reclassification to a PD district. The Planning Commission shall consider a proposed PD plan and rezoning at a noticed public hearing and provide the City Council with a recommendation on the proposed plan and rezoning application. B. Following Planning Commission review, the City Council shall consider the PD plan and rezoning at a noticed public hearing. C. Reclassifying land to a PD district must include a resolution either approving or conditionally approving a PD plan, and findings that: 1. The PD plan is consistent with the specific purposes of this chapter, the general plan and other applicable policies, and is compatible with surrounding development; 2. The PD plan will enhance the potential for superior community design and environmental protection of significant or unique site features in comparison with the development under the base district regulations that would apply if the plan were not approved; 3. Deviations from the base district regulations that otherwise would apply are justified by compensating benefits of the PD plan; 4. The PD plan includes adequate provisions for utilities services; 5. Protection of the public health, safety and general welfare; and 6. Public service demands will not exceed the capacity of existing and planned systems;

No net negative costs to the city and public service providers will result from the development. D. In approving a PD plan, the Planning Commission has the authority to recommend and the City Council establish standards and conditions which are necessary to ensure consistency with these findings and the stated purpose of the PD district. The City Council may also enlist the assistance of the Parks and Recreation Commission in considering the plan prior to City Council action. If an approved PD plan does not contain sufficient detail to allow for subsequent project construction or site improvements without further discretionary review, the approved PD plan shall identify what additional discretionary review(s) are necessary. E. PD Plan Effective Date and Expiration. A PD plan is effective within thirty (30) days of the ordinance creating the PD district for which it was approved. The City Council may impose a date and terms upon which a PD plan will expire, although establishment of expiration dates and terms is not required. An approved PD plan may specify a development staging or phasing program. Expiration of a PD Plan voids the PD district and causes the property to revert to the zoning map designation preceding the amendment to the PD district or to a zoning designation approved by the City Council, consistent with the general plan land use designation for the project site. (Ord. 99-5 § Exh. (part))

A. Where an expiration period has been established for a PD plan, the plan shall expire on the specified date unless a building permit has been issued for a significant component or element of the PD plan infrastructure construction or site grading diligently pursued, or evidence of investment of substantial funds provided by the PD plan developer to the city. B. If an expiration date has been established for a PD plan, the City Council may extend the effective period of a PD plan for one time or up to two years as specified in the decision or renewal, if it finds the renewal consistent with the purposes of this chapter. An application for renewal shall be made in writing to the Planning Director not less than thirty (30) days prior to expiration. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

An amendment to an adopted PD plan is initiated in the same manner as an application for a zoning map amendment and shall be subject to the same review and public hearing provisions for new PD plans as

outlined in this chapter, unless specific provisions are made in the original PD plan allowing for Planning Director or Planning Commission consideration of minor plan amendments. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))