Vallejo Municipal Code Ch. 16.610 Planned Development Districts

This chapter establishes procedures for establishing a Planned Development (PD) Zoning District, which allows for one or more properties to be developed under a planned development plan.

A. Initiation. An amendment to reclassify property to a PD zoning district shall be initiated by a property owner or authorized agent. If the property is not under a single ownership, all owners must sign the application, and a map showing the extent of ownership shall be submitted with the application.

B. Application Requirements. An application for a planned development approval shall be made on the prescribed form and shall be filed with the planning division with applicable fees. Application shall include a PD Plan that complies with the requirements of this chapter.

1. Rezoning. An application for rezoning to a PD zoning district shall include a planned development plan and shall be processed as an application for amendment to the zoning map, according to the procedures of Chapter 16.611, Zoning Text and Map Amendments.

2. Planned Development Plan. The planned development plan shall be accepted and processed concurrently, in the same manner as a use permit application, or other applications if applicable, pursuant to Chapter 16.602, Common Procedures, and Chapter 16.606, Minor and Major Use Permits. Additional information necessary to determine that the intent of the Zoning Code and the general plan will be fulfilled shall be submitted as stipulated in application requirements issued by the director.

3. Tentative Subdivision Map. When a planned development requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the planned development.

C. Preliminary Review. Prior to submitting an application for approval of a planned development plan and rezoning, the applicant may schedule a preliminary review conference with the director pursuant to Chapter 16.602, Common Procedures, Section 16.602.04, Preliminary Review to discuss the general acceptability of the proposal, possible issues that may be encountered, and the need for any interagency coordination. Such preliminary consultations shall be relative to a conceptual development plan submitted by the applicant. At the director's option, a conceptual plan may be referred to the planning commission for preliminary comments. Such comments shall be considered advisory in nature and shall not constitute a recommendation of approval.

D. Review Authority. A PD rezoning and planned development plan shall be recommended by the planning commission following a public hearing, and adopted by ordinance by the city council.

E. Public Notice and Hearing. All applications for a planned development plan shall require a public notice and hearings before the planning commission and city council, pursuant to Chapter 16.602. Common Procedures.

F. City Council Hearing and Action. After receiving the report from the planning commission, the city council shall hold a duly noticed public hearing.

1. All applications for a planned development rezoning and planned development plan shall require public noticing and hearings before the planning commission and city council, pursuant to Chapter 16.602, Common Procedures.

A planned development rezoning and planned development plan shall only be approved if the city council, based on a recommendation from the planning commission, makes the following findings:

A. The proposed development is consistent with the general plan, including the density and intensity limitations that apply;

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 exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service 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 adopted 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 shall 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, if applicable.

4. Provision of infrastructure improvements.

5. Provision of open space.

6. Compatibility of uses within the development area.

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

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

9. Creativity in design and use of land; and

G. The proposed PD rezoning and planned development plan has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

In approving a planned development plan and rezoning, the review authority 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;

B. Achieve the general purposes of the Zoning Code or the specific purpose of the zoning district in which the project is located;

C. Achieve the findings listed above; or

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

A. Zoning Map Designation. All PD Zoning Districts created after the adoption of the Zoning Code shall be noted on the zoning map by the designation "PD.

B. Land Use Regulations. No use other than an existing use is permitted in a PD Zoning District except in accordance with an adopted planned development plan. Any permitted or conditional use authorized by the Zoning Code may be included in an approved planned development plan consistent with the general plan land use designation(s) for the property. Where a proposed land use is encompassed by the definition of the PD Zoning District's permitted use types but conflicts with the statement of purposes for this district, the proposed land use will not be permitted.

All development within a PD Zoning District shall require a development review permit, in accordance with Chapter 16.605, Development Review which replaces the planned development unit plan permit and process. Plans for a development review permit in a PD Zoning District shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved planned development 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 development plan.

Approved planned development plans may be amended when necessary to ensure consistency with the general plan and to further the stated purposes of PD Zoning Districts.

A. Initiation. An amendment to a planned development plan may be initiated by:

1. Planning Commission Resolution. Resolution of intention adopted by the planning commission;

2. City Council Resolution. Resolution of intention adopted by the city council; or

3. Applicant.

B. Major Amendments. Major amendments to an approved PD Zoning District or planned development plan shall be considered by the city council at a duly noticed public hearing, following a planning commission recommendation. An amendment will be deemed major if it involves one or more of the following changes:

1. A change in the boundary of the PD Zoning District;

2. An increase or decrease in the number of dwelling units for the PD Zoning District that is greater than the maximum or less than the minimum stated in the planned development plan;

3. An increase or decrease in the floor area for any nonresidential land use that results in the floor area exceeding the minimum or maximum stated in the planned development plan;

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 PD Zoning District or to the overall major street system, as determined by the city engineer; or

6. Any other proposed change to the planned development plan or the conditions of approval that substantively alters one or more of its components as determined by the director.

C. Minor Amendments. Amendments not meeting one or more of the criteria listed in Subsection C above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the director.

A. Appeals. The director's decision may be appealed to the planning commission in accordance with Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B. Expiration.

1. Planned Development Plan. A planned development plan shall be effective thirty days following the second reading of the ordinance creating the PD zoning district for which it was approved, and shall 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 development 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 development plan, the planned development plan shall expire upon the expiration of the tentative map.

3. Phased Development. If the applicant intends to develop the project in phases, and the city council approves phased development, the planned development plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of the next phase.

c. Extension. Planned development approvals may only be extended as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension.

D. Revocation. Failure to comply with any planned development permit condition is a violation of this chapter may be revoked or modified as provided by Chapter 16.615, Enforcement and Abatement.