Part 8 — PLANNED DEVELOPMENT PERMIT

The intent of this part is to insure that: 1. Planned development permits will be issued only where the subject parcel is large enough to make innovative and creative site planning possible;

2. Applicants for planned development permits have the professional capability to produce a creative plan;

3. The public’s interest in achieving goals stated in the General Plan will be served more fully through the planned development process than through application of conventional zoning regulations;

4. The advantages to landowners afforded by the planned development process will be balanced by public benefits;

5. Natural or man-made features and resources of the site such as topography, trees, watercourses, and the like are preserved. (Ord. 85-05 § 1 (part), 1985).

A planned development permit provides variation on district regulation, where appropriate, in the following areas:*

1. Building setbacks.

A. The purpose of the provisions contained herein is to:

1. Provide an administrative technique to foster development plans for eligible lands which serve public objectives more fully than development plans permitted under conventional zoning regulations;

2. Establish criteria for identifying those parcels of land in the city which are eligible for the special procedures available to applicants proposing creative development plans requiring special review and approval procedures.

B. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 18, 1994: Ord. 85-05 § 1 (part), 1985).

2. Street standards.

3. Lot coverage.

4. Parking and loading.

5. Landscaping.

6. Open space.

7. Lot area.

8. Uses.

9. Height, not to exceed one story or twenty percent of height (in feet) over and above regulations established in district regulations for the district in which the project is proposed.

All aspects of the proposed development which represent a departure from strict application of district regulations shall be explained in the application and reasons given why the proposed development plan affords greater public benefits than would be achieved through application of conventional zoning regulations.

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• Inside the Coastal Zone, variations to slope regulation modifications, pursuant to procedures set forth in Chapter 24.08, Part 9 (Slope Regulations Modifications) are also available.

(Ord. 2022-08 § 3, 2022; Ord. 85-65 § 4, 1985; Ord. 85-47 § 1, 1985: Ord. 85-05 § 1 (part), 1985).

An applicant for a planned development permit must demonstrate the following before the application may be heard.

1. Land Area. The land area subject to planned development permit shall comprise at least twenty thousand square feet, except as modified below:

a. For residential projects or mixed use projects where all units are affordable according to city standards, the minimum land area shall be the minimum lot area requirement of the district in which the project is located.

b. For applications involving conversions of cooperatives to condominiums, the minimum lot area shall be the minimum lot area requirement of the district in which the project is located.

2. Land Ownership. The applicant owns or controls the land subject to the planned development permit application.

3. Development Team. A development team of design professionals (architects, landscape architect, planner, civil engineer, soils engineer, solar energy expert, etc., as appropriate) with the expertise and experience to carry out the intent of this permit, has been engaged. (Ord. 90-32 § 1, 1990; Ord. 88-61 § 1, 1988; Ord. 86-55 § 1, 1986; Ord. 85-47 § 1, 1985: Ord. 85-05 § 1 (part), 1985).

1. Staged Approval Option. Conceptual approval of a PD project may be made at any level of detail provided by applicant. While this approval constitutes approvals of a PD permit, approval of a design permit shall be required prior to issuance of a building permit. The pur-

pose of a design permit is to establish the precise site and building plan.

2. Phased Development. All proposed phased development shall be accompanied by a schedule establishing approximate dates when each such phase shall be complete. Each phase of a phased development shall include its pro rata share of total planned common space, facilities, services and inclusionary units, as applicable.

3. Provision, Operation and Maintenance of Common Areas. Where common areas or facilities are proposed, an operation and maintenance program shall be prepared.

4. Development Agreements. Completion time and complexity of proposed planned developments may make desirable a development agreement between the project applicant and the city. The purpose of such an agreement is to provide assurance that an approved project may proceed in accordance with the policies, rules and regulations existing at the time of the agreement and subject to conditions of approval, even though city regulations may change subsequent to approval. Sections 65864 through 65869.5 of the California Government Code provide for such development agreements, and shall govern any such agreements approved under the provisions of this part.

5. Applicable District Regulations. Regulations and standards of the underlying zoning district shall apply except where departures from strict application of district regulations are authorized by the planned development permit. Where mixed uses are proposed, the preponderance of the floor area shall reflect the uses permitted in the district.

6. Legal Advertising. All aspects of a proposed project which represent a departure from district regulations shall be set forth in the legal advertising of such proposed project. (Ord. 85-05 § 1 (part), 1985).

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• Editor’s Note: Former Section 24.08.750, Housing projects-General provision, previously codified herein, was repealed in its entirety by Ord. 93-09 § 7, 2-23-93.

Applications for planned development permits shall be made on forms prescribed by the zoning administrator. The zoning board shall hold a public hearing and make a recommendation to the city council where a public heating shall also be held, except in the case of community housing projects of four or fewer units in which case the zoning board shall take final action. The preferred application processing approach is for concurrent review and action on the PD and design permits. However, an applicant has the option of submitting conceptual plans for approval of the PD permit only. The purpose of this option is to allow conceptual approval and clarification of development issues on complex applications where an applicant requires such approval and clarification before embarking on detailed project plans.

Under this option, approval of the PD permit must be followed by an application for design permit(s), filed within a time period specified by the PD permit.

While the PD permit is intended to resolve issues pertaining to use, environmental review, General Plan policy and other policies, the design permit is intended to implement the PD permit and establish the precise site and building plan.

(Ord. 85-05 § 1 (part), 1985).

Before recommending or approving any planned development permit, the zoning board and the city council must find that the application:

1. Is consistent with the General Plan, the Local Coastal Land Use Plan, and adopted area plans.

2. Is consistent with the purpose of this chapter and other applicable sections of this title.

3. Includes planned variations to underlying district regulations which serve public purposes to an equivalent or higher degree than would underlying district regulations.

4. Can be coordinated with existing and proposed development of surrounding areas.

5. Overall, the amenity level of the development and the amount of open space shall be greater than what would have been permitted by the underlying district regulations. (Ord. 85-05 § 1 (part), 1985).

Application for modifications to an approved planned development permit shall be submitted to the zoning administrator and shall include all plans, maps, studies and reports that may reasonably be required to make the determinations called for in the particular modification request.

1. Types of Modifications. a. Before Occupancy. Modifications to the project, prior to construction, shall be processed in accordance with subsection (4), Modifications, of Section 24.04.160 of this title.

b. After Occupancy. Modifications to the project after occupancy are classified as major or minor modifications and are processed in the following manner:

(1) Modifications – Residential Uses.

(a) A major modification to any residential use within a planned development consists of exterior structural alterations to more than one dwelling unit or to change the purpose of the common area; such a modification shall be referred to the zoning board. A public hearing shall be held.

(b) A minor modification to any residential use within a planned development consists of an exterior structural alteration to one dwelling unit; such a modification shall be decided by the zoning administrator.

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(2) Modifications – Nonresidential Uses.

(a) A major modification to any nonresidential use within a planned development consists of any exterior structural alteration to more than one structure and/or alterations affecting more than fifteen percent of floor area or to the purpose of the common area; such modification shall be referred to the zoning board. A public hearing shall be held.

(b) A minor modification to any nonresidential use within a planned development consists of any exterior structural alteration to one structure and/or alterations affecting less than fifteen percent of floor area; such proposed modifications shall be decided by the zoning administrator.

2. Findings Necessary. Before recommending approval or approving a modification, the zoning administrator or the zoning board shall find that:

a. Proposed modifications maintain the original purpose and reasons for approval of the planned development and are consistent with the original conditions of approval.

b. All proposed modifications meet the regulations for the district in which the planned development is located, unless such modifications conform with previously approved planned variations.

c. Proposed modifications(s) maintain usable open space originally approved for the site.

(Ord. 85-05 § 1 (part), 1985).

Upon effective date hereof, all developed lands zoned P-D shall be rezoned to a district, the regulations of which most closely reflect the developed land use; a PD permit shall be issued which retains all rights, terms, conditions, and limits of the former P-D District. The PD permit shall become effective at the same time amendments abolishing the P-D District become effective. Where a P-D District has been approved, but a precise development plan

has not yet been approved for such district, a PD permit shall be issued conditioned by approval of said precise development plan and a design permit. These provisions shall terminate when the last affected property is rezoned and PD permit issued to affected property owner.

(Ord. 85-05 § 1 (part), 1985).