§ 17.22

The planned development overlay zoning district establishes a process to permit creative mixtures of uses in smaller areas where a specific plan or the village center overlay is not appropriate. The planned development overlay zoning district is intended to provide a mechanism to allow for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the general plan can best be achieved. The underlying assumption is that in certain areas any use could be permitted in conjunction with another use; provided, that through proper planning, buffering and design of the project the potential incompatibilities are mitigated or eliminated.

It is the intent of the planned development overlay zoning district to provide the opportunity for mixtures of residential, retail commercial and office uses within a project site or within a single structure. This mixture of land uses can provide residential and business activities areas where multiple activities and an increased degree of pedestrian orientation are considered to be desirable objectives and are beneficial to the community. Residential units located near retail, office or industrial uses can provide housing close to potential employment opportunities, and therefore, reduce vehicular commuting trips.

(Ord. 95-16 § 2)

A planned development overlay zoning district may be applied to any zoning district for sites that have a minimum area of one acre. (Ord. 95-16 § 2)

Permitted, accessory and conditional uses within a planned development are generally the same as those allowed within the underlying zoning districts. However, the planned development may include combinations of other uses that may complement the uses of the underlying zoning districts. The permitted uses shall be considered on a case-by-case basis and evaluated for consistency with the following criteria:

• A. The mixture of uses is consistent with the goals and policies of the general plan.

• B. The mixture of uses provides an increase in housing opportunities for community and implements the objectives of the housing element of the general plan.

• C. The planned development provides outstanding quality of planning and design and provides exceptional public benefits for the city.

• D. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52 ) for medical, non-medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040 , 8.52.050 , and 8.52.060 .

• (Ord. 95-16 § 2; Ord. 17-02 § 8)

The procedure for applying the planned development overlay zoning district to any properties shall be the same as described in Section 17.03.050 for zoning amendments. When an application for a

planned development overlay district is filed, the concurrent preparation and approval of a development plan may be required by the director of planning to ensure that all appropriate site development details and compatibility issues are addressed. (Ord. 95-16 § 2; Ord. 99-24 § 5(H))

The development standards for planned developments are generally the same as for the underlying zoning district. However, modifications to those standards may be approved in order to allow for greater flexibility in reaching the objectives of the development plan and the compatibility with the general plan. Variations to the base standards shall be considered as a part of the review and approval of the planned development plan. (Ord. 95-16 § 2)

Amendments to approved planned development plans shall be made in the same procedure as followed when the plan was adopted. Any adopted planned development plan may also be repealed by the same procedure as the plan was originally adopted. Prior to the adoption of an ordinance to repeal and discontinue a planned development plan, the city council with a recommendation from the planning commission shall find that the plan is no longer necessary for the orderly and systematic implementation of the general plan. The repealing ordinance shall include provisions for the immediate application of appropriate zoning to the area covered by the repealed plan. (Ord. 95-16 § 2; Ord. 96-19 § 2(NN))

The following planned development overlays cannot be effectively incorporated into the municipal code, have been approved by the city and are designated on the official zoning map of the city: PDO-5 Temecula Village; PDO-6 Rancho Pueblo.

Future planned development overlays shall be numbered consecutively, whether incorporated into the municipal code or adopted as uncodified ordinances, and shown on the official zoning map of the city with the prefix "PDO."

(Ord. 03-04 § 3)

Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed-Use Developments.

(Ord. 2022-02 § 9)