Part 8 — PLANNED DEVELOPMENT PERMITS

The provisions of this part shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in combined base and planned development districts, hereinafter also referred to in this part as "combined districts" or "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development. Any planned development permit issued under this part

shall be subject to the general provisions of this chapter related to development permits and the provisions of said section shall control over any inconsistent provisions of this part.

(Ord. 26248.)

Unless the base zone is being utilized:

A.

No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B.

No use shall be added, changed, modified, enlarged or altered on any site which is in a planned development district except pursuant to and in accordance with a planned development permit.

C.

A planned development permit may be issued for all or any part of the property situated in a planned development district.

D.

A planned development permit or amendment to a planned development permit may be issued for:

The use of new dwelling units, which are not yet occupied for residential purposes, as model homes or sales offices in connection with the sale of dwelling units in a planned development district.

The use of structures, such as mobile homes, as sales offices in connection with the sale of dwelling units in a planned development district.

The use of land in the planned development district for off-street parking or other uses incidental to the sales office or model home operation. Such use shall be limited to the duration of the sales office or model home operation.

E.

A planned development permit is not required for building additions, exterior alterations, and accessory structures on parcels eight thousand square feet or less which are used for single-family detached residential use if the additions, alterations, or structures:

Meet the development regulations of the R-1-8 residence district; and

The construction would not require the issuance of a single-family house permit, pursuant to Part 9 of this Chapter 20.100, if the property were not situated in a planned development zoning district; and

The addition, alterations or accessory structures otherwise conform to the requirements of the planned development zoning district.

F.

A planned development permit is not required for mechanical equipment in planned development districts consisting solely of detached, one family dwelling uses. The setbacks for all mechanical equipment in these planned development districts must meet the setback requirements set forth in the particular planned development district. If no setback standards have been set forth for a particular planned development district, the setbacks requirements shall be those standards set forth in Section 20.60.080.

G.

A valid planned development permit or amendment, issued under this part, is required for the creation, replacement, alteration or reconfiguration of impervious surface on any portion of a site not used solely for one single-family residence or for the creation, replacement, alteration or reconfiguration of 10,000 square feet or more of impervious surface on any portion of a site used for one single-family residence within a planned development district.

(Ords. 26248, 26455, 26495, 26995, 30336, 30906.)

A.

Pursuant to and in accordance with the provisions of this part, the director, or the planning commission on appeal, may issue planned development permits. For projects which require certification of an environmental impact report for environmental clearance, the planning director or planning commission may issue planned development permits only if the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level. The city council may issue planned development permits for projects which require certification of an environmental impact report for environmental clearance and the project as proposed does not include all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.

B.

Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a planned development district and nothing contained in this part shall, in any event or under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ords. 26248, 29484.)

Upon finding of an application for a planned development permit complete pursuant to this chapter, the director shall review the application and shall set a public hearing on the application.

(Ord. 26248.)

A.

The director, the planning commission on appeal, or the city council as appropriate, may issue a planned development permit only if all of the following findings are made:

The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and

The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and

The planned development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and

The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and

The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

B.

The director, the planning commission on appeal, or the city council as set forth in Table 20-260 shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ords. 26248, 26995, 29484, 29690, 29785.)

A.

Amendments may be granted at the discretion of the director, planning commission on appeal, or city council as appropriate upon a finding that the amendment does not negate any findings required by Section 20.100.940.

B.

Nothing in this section shall preclude the director, planning commission or city council from making reasonable modifications, additions or deletions to any condition in order to protect the public peace, health, safety, morals or welfare.

(Ords. 26248, 29484.)

The director shall not issue a planned development permit providing for public open space, and no planned development permit issued by the director which provides for public open space shall be valid, unless before the issuance of such permit, the city council shall have approved the provisions of such public open space and the size, shape, location, and dimensions thereof. As used in this part, "public open space" means public park or playground land which shall be owned in fee by the City of San José.

The city's title to and ownership of public open space shall be vested and complete as soon as such public open space shall have been conveyed to the city pursuant to the provisions of any planned development permit, and immediately upon such conveyance the city shall have exclusive right to the possession and use of such public open space for public park or playground purposes, including, without limiting the generality of the foregoing, the right to construct buildings or structures thereon for such purposes; and nothing contained in this part or in any other section of this title, shall be construed to defeat the title or ownership of city to any public open space which shall have been conveyed to the city, nor to deny the city such right of possession and use.

(Ord. 26248.)

A planned development permit for the relocation of a building or part thereof may be conditioned upon the applicant providing a performance bond, or some equivalent satisfactory to the director of planning, ensuring that all work permitted and/or required by the planned development permit be completed in a timely manner. The permit shall include time limitations on the commencement and completion of the relocation, and on the commencement and completion of any required architectural and other required improvements.

(Ord. 26248.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Sections 20.100.220 - 20.100.280.

(Ord. 26248.)