§ 14.07

The specific purposes of the planned development (PD) district are to:

A.

Promote and encourage cluster development on large sites to avoid sensitive areas of property;

B.

Encourage innovative design on large sites by allowing flexibility in property development standards;

C.

Encourage the establishment of open areas in land development;

D.

Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods;

E.

Establish a procedure for the development of large lots of land in order to reduce or eliminate the rigidity, delays and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots;

F.

Accommodate various types of large-scale, complex, mixed-use, phased developments;

G.

Enable affected governmental bodies to receive information and provide an integrated response to both the immediate and long-range impacts of such proposed developments.

(Ord. 1625 § 1 (part), 1992).

14.07.020 - Land use regulations.

A.

No use other than an existing use or a temporary use approved pursuant to section D, below, shall be permitted in a PD district except in accord with a valid development plan. Any permitted or conditional use authorized by this title may be included in an approved development plan, consistent with the general plan land use designation(s) and intensities for land within the PD district. The PD zoning approval shall establish the range of allowable land uses for the development.

B.

A master use permit or individual use permits may be required to establish specific uses on the property consistent with general plan land uses and parking standards. A master use permit shall be required for nonresidential, phased and/or multi-tenant development.

C.

A development plan is not required for existing school sites located in the PD district. A use permit shall be required for any nonpublic school uses of the site, or for reuse of any existing school facilities, per Section 14.09.020, land use regulations (P/QP). A development plan shall be required when such property redevelops.

D.

Temporary uses may be permitted within a PD district, with or without an approved or valid development plan. The performance standards and provisions of Section 14.17.130 of this Title shall apply to temporary uses, and shall be administered through a use permit (zoning administrator).

(Ord. 1838 § 26, 2005; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 22, 6-21-2010)

14.07.030 - Property development regulations.

A.

Minimum Area. The minimum net area of a PD district shall be 2.5 acres, provided that a PD district may be subdivided in accord with a valid PD plan; exceptions to this provision are lots over 0.5 acres in size where developed to provide affordable housing and hillside residential lots over one acre in size where unusual site characteristics exist.

B.

Residential Unit Density. 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 site area. Density bonuses for senior housing development and affordable housing development may be considered consistent with general plan policies and state law.

C.

Nonresidential Intensity. Nonresidential development shall not exceed floor area ratios, as specified in the general plan, except in the downtown where a one-time ten percent (10%) bonus may apply for business expansion.

D.

Building Height Limits. Building heights shall be consistent with height standards contained in the general plan.

E.

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

(Ord. 1838 § 27, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).

When an established PD district does not contain or include site-specific regulations or spatial standards necessary to guide and approve building additions, modifications or property improvements, the following shall apply:

A.

For proposed additions and modifications to principal structures and primary uses, the community development director shall determine, based on development characteristics, use and density, and the contiguous zoning districts, a zoning district adopted within this title that is most compatible to the PD district. The regulations and spatial standards of the most compatible zoning district shall be applied, subject to the approval of an environmental and design review permit.

B.

For accessory structures, fences and other ancillary improvements, the regulations of Chapter 14.16 of this Title shall apply.

C.

The community development director shall determine if the improvements proposed per A and B above are major or minor. Improvements determined to be major shall require an amendment to the PD zoning per Section 14.07.150 of this chapter. Improvements determined to be minor shall not require an amendment to the PD zoning.

(Ord. No. 1882, Exh. A, § 23, 6-21-2010)

The planning commission shall recommend approval, conditional approval or denial of applications to reclassify property to the PD district and/or applications for development plans to the city council. The city council shall have the authority to approve, conditionally approve or deny rezonings and/or development plan applications.

(Ord. 1625 § 1 (part), 1992).

14.07.050 - Application.

A.

An application to reclassify property to PD shall be initiated by a property owner or authorized agent, the planning commission or the city council. If the property is not under single ownership, all owners shall join in an application initiated by property owners, and a map showing the extent of ownerships shall be submitted with application materials. Applications to rezone property to PD shall be filed and processed in accordance with Chapter 14.27, Amendments. If property is already zoned PD, an approved development plan is required to develop the property.

B.

Applications for development plans shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Standard information required for a development plan application is listed below in Section 14.07.060. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.

(Ord. 1625 § 1 (part), 1992).

In addition to the plans and materials required to accompany an application for a zoning map amendment as per Chapter 14.27, Amendments, an application for rezoning to a PD district shall include a development plan incorporating the information described below:

A.

A map showing proposed district boundaries and the relationship of the district to uses and structures within a three hundred foot (300′) radius of the district boundaries;

B.

A map or aerial photo of the proposed district and three hundred feet (300′) beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; the type, location and condition of mature trees and other natural vegetation; and the location of existing development;

C.

The proposed pattern of land use, with acreage, residential density or commercial intensity calculations. This shall include the total square footage of each type of nonresidential use proposed in order to assess parking and traffic impacts;

D.

A site plan showing proposed street and lot patterns, and the location of all proposed buildings, structures, and other general site improvements;

E.

A description of proposed setbacks, yard areas and height limits;

F.

A plan showing location, grades, and widths of all streets; location and size of all utilities; drainage structures; parking areas; walkways; and other improvements;

G.

Parking plan showing proposed parking layout and provisions for bicycle parking/storage;

H.

A topographical map with average site slopes, or slopes of proposed lots, if applicable, and slopes of proposed streets;

I.

Geotechnical data (preliminary geologic report, geotechnical investigation report, and/or hazardous waste investigation report, as per general plan appendices, geotechnical review matrix);

J.

Traffic study;

K.

Description of all open space and/or undeveloped areas and a statement indicating their intended disposition (i.e., deeded to property owners, dedicated to city, etc.);

L.

Proposed subdivision map if property is proposed to be divided;

M.

An enumeration of deviations between typical zoning ordinance standards for such uses and the proposed plan;

N.

Phasing plan, if any;

O.

Other information as may be prescribed by the planning director, depending on the type, location and potential impacts of the proposed development.

An application for development plan may be accompanied by an application for environmental and design review. If the development plan application is not accompanied by the environmental and design review application, the following preliminary design review information shall also be submitted as part of the development plan application:

P.

Preliminary architectural elevations of all proposed buildings and structures;

Q.

Conceptual landscape plans;

R.

Preliminary grading plan;

S.

Site photographs showing site and adjacent properties;

T.

Other information as may be prescribed by the planning director.

(Ord. 1625 § 1 (part), 1992).

Applicants may request an initial consultation with the planning director (or the planning director's designated appointee) to review proposed development at the conceptual plan stage. See Section 14.25.030, Application.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 2039, § 3(Exh. B), 7-15-2024)

14.07.080 - Public notice and hearing.

A.

The planning commission and city council shall hold public hearings to consider applications to rezone property to the PD district and/or a development plan application.

B.

Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.07.090 - Findings.

A recommendation by the planning commission to the city council or a decision by the city council to reclassify property to the PD district and/or to approve a development plan shall be based on the following set of required findings:

A.

The development plan is consistent with the general plan, adopted neighborhood plans and other applicable city plans or policies;

B.

Any residential development shall constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood, and where applicable, adequate open space shall be provided;

C.

Any nonresidential uses shall be appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create a nonresidential environment of sustained desirability and stability, and where applicable, adequate open space shall be provided;

D.

The applicant demonstrates that public facilities are provided to serve the anticipated population;

E.

The development is improved by deviations from typical zoning ordinance property development and parking standards; and

F.

The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development.

(Ord. 1625 § 1 (part), 1992).

A.

PD zoning approvals shall include a text summary of the approved development plan, including the range of allowable land uses, residential density, number and type(s) of residential units, commercial/industrial intensity, building square footage devoted to each type of nonresidential land use, site development standards including setbacks, building envelopes, lot coverage and height limits, parking, open space areas, outdoor amenities and any other critical components of development approval.

B.

A master use permit or individual use permit(s) may be required as per Section 14.07.020 to establish specific use approvals and to evaluate compliance with trip allocations and parking standards.

(Ord. 1625 § 1 (part), 1992).

The planning commission or city council shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant(s).

(Ord. 1625 § 1 (part), 1992).

No action, inaction or recommendation regarding any development by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission

had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.

(Ord. 1625 § 1 (part), 1992).

PD zone designations without development plans are effective upon adoption of this zoning ordinance. Development plans for these PD districts, and any other PD districts with development plans, shall be effective on the same date as the ordinance for which they were or are approved. PD ordinances shall expire only upon rezoning to another zoning district. If no action has been taken on an approved development plan within five (5) years of its approval (or other timeframes specified by the approval) the city may initiate rezoning of the property.

(Ord. 1625 § 1 (part), 1992).

A planned development district shall be noted by the designation "PD." PD districts with approved development plans shall be noted by the designation "PD," followed by the ordinance number approving the development plan.

(Ord. 1625 § 1 (part), 1992).

Requests for changes in the contents of approval of a PD zoning and development plan shall be treated as a zoning amendment (rezoning). Rezonings shall be heard and decided by the city council. The procedures for filing and processing a rezoning shall be the same as those established for an initial PD zoning and development plan application.

(Ord. 1625 § 1 (part), 1992).

Any violation of a condition of approval of a development plan or a provision of this title shall be grounds for permit revocation, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

If an application for a development plan is denied or revoked, no new application for the same, or substantially the same, development plan shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Chapter 14.08 - MARINE DISTRICT (M)