Article 15.04.810 — PLANNED AREA DISTRICTS

This article provides procedures for establishing a Planned Area District to facilitate orderly development of larger sites in the City consistent with the General Plan, especially where a particular mix of uses or character is desired that can best be achieved through an integrated development plan.

The procedures in this article apply to all proposals to establish a Planned Area District. The minimum area for a Planned Area District is two acres.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

A.

Decision-Making Body. A Planned Area District must be adopted by the City Council as a Zoning Map amendment. A public hearing before the Planning Commission for a recommendation is required prior to City Council review.

B.

Review Procedures.

1.

Rezoning. An application for rezoning to a Planned Area District must be processed as an amendment to the Zoning Map, according to the procedures of Article 15.04.814 (Amendments to Zoning Map and Text), and must include a Planned Area Plan.

2.

Planned Area Plan. The Planned Area Plan will be accepted and processed concurrently, in the same manner as a Conditional Use Permit application, pursuant to Article 15.04.803 (Common Procedures) and Article 15.04.806 (Use Permits), although additional information is required to be submitted in order to determine if the intent of Article XV and the General Plan will be fulfilled. A Planned Area Plan is subject to Major Design Review under Article 15.04.805 (Design Review), which shall occur prior to Planning Commission action on a Planned Area Plan.

3.

Tentative Subdivision Map. When a Planned Area requires the submission of a tentative subdivision map, this map and all supporting documents must be prepared and submitted concurrently with the application for rezoning to a Planned Area District.

4.

Planned Development. A Master Plan may be submitted as a Planned Area Plan, with additional engineering detail provided in "unit plans." The Director of Public Works and City Engineer may waive submission of detailed engineering site plans for a Master Plan, provided they are submitted with the unit plans.

C.

Initiation. An amendment to rezone to a Planned Area District must be initiated by a qualified applicant. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership must be submitted with the application.

D.

Application Content. An application for a Planned Area District, made on the prescribed form, must be filed with the Planning Division, accompanied by the required fee. Applications must contain all of the following:

1.

Legal Description. A legal description of the site and a statement of the number of acres contained therein.

2.

Title Report. A title report verifying the description and the ownership of the property.

3.

Ownership Declaration. A declaration as to whether the site is to remain under the same ownership and control or to be divided into small units during or after development and the manner and method of the division.

4.

Project Narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed development, including proposed uses and activities, proposed residential densities, if appropriate, and physical land alteration required by the development; and the relation of the proposed Planned Area to the General Plan.

Development Schedule. A development schedule, including anticipated timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and an indication of the proposed number and type of dwelling units by phase of development, if applicable.

6.

Maps and Diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the development and to demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. These graphics must, at a minimum, include:

a.

A map showing the perimeter boundaries of the project site, the perimeter of the ownership, the location and dimensions of any existing property lines and easements within the site, and all uses and structures within a 300-foot radius of the project area boundaries;

b.

Existing and proposed changes in the topography of the site, including the degree of land disturbance, the location of drainage channels or water courses, and the direction of drainage flow in one-foot contour intervals on areas of cross-slopes of less than five percent, at two-foot intervals on areas of cross-slopes of five to 10 percent, and at five-foot intervals on areas of cross-slopes exceeding 10 percent;

c.

A circulation diagram indicating proposed movement of vehicles, goods, and pedestrians within the district and to and from adjacent areas, including streets and driveways, sidewalks and pedestrian ways, and off-street parking and loading areas;

d.

A site plan indicating existing and proposed uses, location and dimension of buildings and structures, gross floor area of existing and proposed structures, identification of structures to be demolished or removed;

e.

Detailed engineering site plans, including proposed finished grades and all public improvements as well as estimates of grading volume (cut and fill), with accompanying grading sections or other technical drawings acceptable to the Director of Engineering and Capital Improvement Projects and City Engineer;

f.

Detailed engineering plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;

g.

Sea level rise projections for the site and analysis of how projected sea level rise will impact the Planned Area District over time, if the Planned Area District is currently in or adjacent to an identified floodplain; is currently or has been exposed to flooding or erosion from waves or tides; is in a location protected by flood control or protected structures; is on or close to a beach, estuary, lagoon, or wetland; or is on a coastal bluff with historic evidence of erosion;

h.

A detailed tabulation of the proposed densities of dwelling units, bedroom count, building coverage, paving coverage, landscaped areas, parking dedication, and height of structures;

i.

Lighting for the building(s), parking areas, open space areas, and pedestrian travel areas;

j.

Utilization of buildings and structures, including activities and the number of living units;

k.

Reservation of land for public uses, including schools, parks, playgrounds, and other open spaces;

l.

Dimensioned building elevations showing proposed architectural concepts, color program and material samples; and

m.

A comprehensive sign program, including the size and location of all proposed signs.

7.

Open Space and Landscaping Plan. An existing and proposed open space and landscaping plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to and maintenance of the open area of the property.

8.

Other Information. Any other information deemed necessary by the Zoning Administrator to ascertain if the project meets the required findings for a Planned Area Plan and re-zoning.

A Planned Area Plan and rezoning will only be approved if all of the following findings are made:

A.

The proposed development is consistent with the General Plan, including the height, density, and intensity limitations that apply unless these limitations are to be amended;

B.

The subject site is physically suitable for the type and intensity of the land use being proposed;

C.

Adequate transportation facilities and public services, as defined in the General Plan and in the design standards established in the Subdivision Regulations exist or will be provided in accordance with the conditions of Planned Area Plan approval to serve the proposed development; and the approval of the proposed development will not result in a reduction of transportation service for all modes of travel or public services so as to be a detriment to public health, safety, or welfare;

D.

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;

E.

The development generally complies with applicable design guidelines; and

F.

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. In making this determination, the following factors will be considered:

1.

Appropriateness of the use(s) at the proposed location.

2.

The mix of uses, housing types, and housing price levels.

3.

Provision of units affordable to persons and families of low and moderate income or to lower income households.

4.

Provision of infrastructure improvements.

Provision of open space.

6.

Compatibility of uses within the development area.

7.

Creativity in design and use of land.

8.

Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9.

Overall contribution to the enhancement of neighborhood character and the environment of Richmond in the long term.

In approving a Planned Area Plan and rezoning, 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; and

B.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

The City Council may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Expiration.

1.

Planned Area Plan. A Planned Area Plan is effective on the same date as the ordinance creating the Planned Area District is approved. An approved Planned Area Plan will expire two 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 Planned Area Plan may specify a development staging program exceeding two years.

2.

Tentative Map. Where a tentative map has been approved in conjunction with a Planned Area Plan, the Planned Area Plan will 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 Planned Area Plan remains 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 Planned Area Plan that has not been exercised may be renewed for a two-year period approved by the City Council after a duly-noticed public hearing. Application for renewal must be made in writing between 30 and 120 days prior to expiration of the original approval. The City Council may renew a Planned Area Plan if it finds the renewal consistent with the purposes of this article.

15.04.810.070 - Amendments of Approved Plans.

A.

Changed Plans. Amendments to a Planned Area District or Planned Area Plan may be requested by the applicant or his/her successors. Amendments to the approved Planned Area District or Planned Area Plan will be classified as major or minor amendments. Upon receipt of an amendment application, the Zoning Administrator will determine if the proposed amendment constitutes a major or minor amendment.

B.

Major Amendments. Major Amendments to an approved Planned Area District or Planned Area Plan will 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 Planned Area District;

2.

An increase or decrease in the number of dwelling units for the Planned Area District that is greater than the maximum or less than the minimum stated in the Planned Area 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 Planned Area Plan by 10 percent or more;

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 City Engineer;

5.

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the Planned Area District or to the overall major street system, as determined by the City Engineer; or

6.

Any other proposed change to the Planned Area Plan or the conditions of approval that substantively alters one or more of its components as determined by the Zoning Administrator.

C.

Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection B above will be considered minor if they are consistent with the original findings and conditions of approval. Minor Amendments may be approved by the Zoning Administrator. The Zoning Administrator, at his/her discretion, may refer any request for an amendment to a Planned Area Plan that may generate substantial public interest to the Planning Commission for a decision rather than acting on it himself/herself.

Plans for a project in a Planned Area District will be accepted for planning and building permits or subdivisions only if they are consistent with an approved Planned Area 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 Planned Area Plan.