Article 10 — Planned Development (P-D) Permits

Certain areas of the City are contained within the Mixed Use Planned Development District (M-U) and the High Density Residential Planned Development District (M-H-D), where the development of property is permitted only as authorized by a planned development (P-D) permit issued pursuant to this article. The purpose of the P-D permit process is to assure that the intent and purpose of the M-U and M-H-D Districts are implemented. (§16, Ord. 2194, eff. 6/7/19; §16, Ord. 2209, eff. 3/19/21)

An application for a P-D permit may be filed with the Planning Commission as provided in Article 2 above. In addition to the data required under Article 2, the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer, except that the Community Development Director may waive the requirement for any specific member of the design team or for filing any of these listed data when such is not applicable to the specific project:

A. A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings, and other man-made structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverage by percentage and acreage for the following: open space (intensely landscaped and natural), all streams, ponds and areas existing in riparian vegetation, coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

B. A topographical map showing existing contours and proposed lot lines which may be integrated with the site plan described above; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious; the topographical map may be omitted if the weighted incremental slope, as described in §102.5.1102(h), is less than ten;

C. Any tree(s), including size and species as defined in §3-8.02 of this code, whether or not such tree(s) is to be removed or destroyed, on the site plan or on a separate plat;

D. Sufficient dimensions to show right-of-way widths, pavement widths, radii of curvature of centerlines, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets;

E. A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low-level path lighting, street furniture and fencing materials, dimensions and locations;

F. If the application includes residential uses, a statement in writing stipulating to the total number of bedrooms to be constructed;

G. If the application is for a P-D permit for a residential development of five (5) or more acres, which development will occur in stages, the applicant may initially submit general information relating to subsections (A) and (E) of this section for review by both the Design Review Commission and the Planning Commission. Precise and detailed plans setting forth the information required by these items shall subsequently be submitted to the Design Review Commission for its review prior to the approval of a tentative subdivision map, building permit or other construction authorized by the P-D permit. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

Upon determining that an application is deemed complete, the Community Development Director shall submit the application to the Design Review Commission for its preliminary review of the site plan and building design. Within twenty-five (25) days after such submittal, the Design Review Commission shall advise the Planning

Commission in writing of any comments it deems appropriate as a result of its preliminary review. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

Upon receipt of the Design Review Commission comments, if any, a public hearing on the application shall be scheduled before the Planning Commission as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

The Planning Commission shall not recommend approval of, and the City Council shall not approve, a P-D permit unless the following findings are made:

A. The approval of the plan is in the best interests of the public health, safety and general welfare;

• B. The proposed plan is consistent with the General Plan and any specific plan that may be applicable;

• C. The plan conforms to the purpose of the planned development district;

• D. The uses permitted and the conditions to the use are compatible with the site and its environs;

E. If located within the O-23 Overlay Zone (the Almond-Shuey Overlay Zone), the plan complies with all provisions contained therein, including but not limited to the regulations pertaining to minimum setbacks and maximum building height. (§16, Ord. 2194, eff. 6/7/19; §16, Ord. 2209, eff. 3/19/21)

Following the public hearing, the Planning Commission may recommend to the City Council that the application be approved, conditionally approved or denied. The Community Development Director shall transmit the recommendation to the City Clerk. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

Upon receipt of a recommendation from the Planning Commission concerning a P-D permit application, the City Clerk shall schedule a public hearing on the application before the City Council as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

Following the public hearing, the City Council may approve, conditionally approve or deny the application as provided in Article 4 above. The City Council may approve the application subject to conditions which it believes, in its sole discretion, will make the proposed use consistent with the general plan, any applicable specific plan or the P-D zoning district, or which will make the proposed use compatible with other uses in the vicinity, or which will otherwise promote the public health, safety and welfare. The Council may also refer the matter back to the Planning Commission for further report and recommendation.

A P-D permit may be amended only by following the same procedures required for the issuance of a P-D permit. Notwithstanding the foregoing, minor deviations from the terms of the P-D permit shall be permitted and shall not be deemed amendments if such deviations do not involve an increase in the number of dwelling units and if the proposed development thereunder is determined in writing by both the City Engineer and the Community Development Director to substantially comply with the P-D permit. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)