Chapter 17.36
PLANNED DEVELOPMENT ZONING DISTRICT
Sections:
17.36.010 Purpose of the planned development zoning district.
17.36.030 Permitted land uses.
17.36.040 Development standards.
17.36.070 Planned development rezoning.
17.36.010 Purpose of the planned development zoning district.
The purpose of the planned development (PD) zoning district is to allow for high-quality development that deviates from standards and regulations applicable to the other zoning districts in Capitola. The PD zoning district is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts. The PD zoning district provides land owners with enhanced flexibility to take advantage of unique site characteristics and develop projects that will provide public benefits for residents, employees, and visitors. Development within each PD zoning district is regulated by a development plan approved by the city council. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.020 Where allowed.
The PD zoning district may be applied to any property in Capitola with an area of twenty thousand square feet or more except for those designated as single-family residential on the zoning map and general plan land use map. Planned developments are prohibited in the single-family residential zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.030 Permitted land uses.
Permitted land uses in each PD zoning district shall conform to the applicable general plan land use designation and to the development plan that applies to the property. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.040 Development standards.
A. Established in Development Plan. Development standards (e.g., height, setbacks, building coverage) for each PD zoning district shall be established in the applicable development plan.
B. Maximum Intensity. The maximum permitted floor area ratio and residential density shall not exceed maximums established in the general plan for the applicable land use designation.
C. Public Improvements. Public infrastructure and improvements in the PD zoning district shall conform to the city’s standard specifications as maintained by the public works director. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.050 Required approvals.
A. Development Plan and Zoning Map Amendment. Establishment of a PD zoning district requires approval of a development plan, zoning map amendment, and LCP amendment to the implementation plan zoning map if the proposed PD zoning district is in the coastal zone.
B. Design Review. A proposed development must receive a design permit as required by Chapter 17.120 (Design Permits). All development and land uses within a PD zoning district shall be consistent with the approved development plan.
C. Coastal Development Permit. A proposed development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)
17.36.060 Conceptual review.
Prior to submittal of an application for a PD rezoning and development plan, an applicant must complete the conceptual review process as described in Chapter 17.114. The planning commission and city council shall each hold at least one noticed public hearing on the project as part of the conceptual review process. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.070 Planned development rezoning.
A. General Procedures and Requirements. Establishing a PD zoning district requires city council approval of a zoning map amendment consistent with Chapter 17.144 (Zoning Code and Local Coastal Program Amendments) and an LCP amendment to the implementation plan zoning map if any part of the proposed PD zoning district is in the coastal zone. All procedures and requirements for zoning map amendments in Chapter 17.144 apply to the establishment of a PD zoning district.
B. Timing. The city council shall act on the zoning map amendment concurrently with the development plan. A PD zoning district may be established only with concurrent approval of a development plan.
C. Reference to Development Plan. The ordinance adopted by the city council establishing a PD zoning district shall reference the development plan approved concurrently with the zoning map amendment. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.080 Development plans.
A. Review Authority. The city council takes action on development plan applications following recommendation from the planning commission.
B. Timing. A development plan application shall be submitted within one year of conceptual review for the proposed project. If an application is not submitted within one year of conceptual review, the applicant shall complete a second conceptual review process prior to submitting the development plan application.
C. Application Submittal and Review.
1. Development plan applications shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department and the information required by subsection D of this section (Application Materials).
2. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.
D. Application Materials. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G of this section (Findings). Applications for approval of a development plan shall include the following information and materials:
1. Project Description. A written description of the project proposed within the PD zoning district. The project description shall include a narrative statement of the project objectives and a statement of how the proposed project will comply with general plan goals and policies for the applicable land use designation. An overview of the proposed land use, densities, open space, and parking should be included in the project description.
2. Community Benefits. A description of how the proposed development is superior to development that could occur under the standards in the existing zoning districts, and how it will achieve substantial public benefits as defined in subsection H of this section.
3. Site Plan. A site plan depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The site plan shall show the proposed PD zoning district boundaries and all properties within five hundred feet of the site boundary. The site plan shall be to scale and based on a stamped survey prepared by a registered civil engineer or licensed land surveyor.
4. Concept Plan. An overall diagram of the project concept. This diagram shall illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the proposed project. Phases shall be clearly indicated if multiple phases are proposed.
5. Land Use. A map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed by right or with a conditional use permit.
6. Subdivision Map. If the project involves the subdivision of land, a tentative parcel map or tentative map required by Title 16 (Subdivisions).
7. Circulation. A map and descriptions of the major circulation features within the site including vehicular, bicycle, pedestrian facilities; traffic flow of internal traffic; and existing and proposed public streets and sidewalk improvements.
8. Public Facilities and Open Space. The amount (in square feet or acres) and percentage of site area that will be dedicated for all types of open space, including proposed recreational facilities and amenities; and any public facilities, including public utility easements, public buildings and public land uses.
9. Development Standards. All development standards that apply within the project, including:
a. Land use;
b. Circulation of traffic;
c. Landscaping;
d. Architecture;
e. Density and/or intensity;
f. Minimum building site;
g. Minimum lot dimensions;
h. Maximum building coverage;
i. Minimum setbacks;
j. Maximum building or structure heights;
k. Maximum height of fences and walls;
l. Signs;
m. Off-street parking; and
n. Other items as deemed appropriate by the planning commission and city council.
E. Planning Commission Review and Recommendation.
1. The planning commission shall hold a public hearing on the development plan application as required by Chapter 17.148 (Public Notice and Hearings).
2. The planning commission shall recommend to the city council the approval, approval with modification, or denial of the development plan application. The recommendation shall be based on the findings in subsection G of this section (Findings).
F. City Council Review and Decision. Upon receipt of the planning commission’s recommendation, the city council shall conduct a public hearing and either approve, approve in modified form, or deny the development plan. The city council may approve the application only if all of the findings in subsection G of this section (Findings) can be made.
G. Findings. The city council may approve an application for a development plan if all of the following findings can be made:
1. The proposed development is consistent with the general plan, local coastal program (if applicable), and any applicable specific plan or area plan adopted by the city council.
2. The proposed development is superior to the development that could occur under the standards applicable in the existing zoning districts.
3. The proposed project will provide a substantial public benefit as defined in subsection H of this section (Substantial Public Benefit Defined). The public benefit provided shall be of sufficient value as determined by the planning commission to justify deviation from the standards of the zoning district that currently applies to the property.
4. The site for the proposed development is adequate in size and shape to accommodate proposed land uses.
5. Adequate transportation facilities, infrastructure, and public services exist or will be provided to serve the proposed development.
6. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.
7. For planned developments located adjacent to the coast, the proposed development will protect and/or enhance coastal resources and conform with the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).
8. Findings required for the concurrent approval of a zoning map amendment can be made.
H. Substantial Public Benefit Defined. When used in this chapter, “substantial public benefit” means a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the city’s minimum development standards and significantly advances goals of the general plan, and the local coastal program if in the coastal zone. A project must include one or more substantial public benefits to be rezoned as a planned development. The public benefit provided shall be of sufficient value as determined by city council to justify deviation from the standards of the zoning district that currently applies to the property. Examples of substantial public benefits include but are not limited to:
1. Affordable housing that meets the income restrictions applicable in the affordable housing (-AH) overlay zone.
2. Public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather. The public space must either exceed the city’s minimum requirement for required open space and/or include quality improvements to the public realm to create an exceptional experience for the public. Improvements to streets, sidewalks, curbs, gutters, sanitary and storm sewers, street trees, lighting, and other public infrastructure beyond the minimum required by the city or other public agencies.
3. New or improved pedestrian and bicycle pathways that enhance circulation within the property and connectivity to the surrounding neighborhood and surrounding areas.
4. Green building and sustainable development features that substantially exceed the city’s green building award status.
5. Preservation, restoration, or rehabilitation of a historic resource.
6. Public art that exceeds the city’s minimum public art requirement and is placed in a prominent and publicly accessible location.
7. New or enlarged businesses that increase the supply and/or diversity of jobs available to Capitola residents. Types of jobs may include jobs that improve environmental quality or reduce energy or resource consumption (“green jobs”), high-tech sector jobs, and jobs in industries focusing on the generation and utilization of intellectual property (“creative jobs”).
8. Increased transportation options for residents and visitors to walk, bike, and take public transit to destinations and reduce greenhouse gas emissions.
9. Public parking lot that provides parking spaces in excess of the required number of parking spaces for use by the surrounding commercial district.
10. Publicly accessible parks, open space, and/or recreational amenities beyond the minimum required by the city or other public agency.
11. Habitat restoration and/or protection of natural resources beyond the minimum required by the city or other public agency.
I. Conditions of Approval.
1. The city council may attach conditions of approval to a development plan to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
2. The city council shall condition approval of the development plan on the completion of public improvements, community benefits and grants of easement shown on the development plan.
J. Post-Decision Procedures. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) shall apply to development plans.
K. Effect of Development Plan. All future development and land uses within a PD zoning district shall comply with the approved development plan.
1. Land Uses. New land uses may be added in a PD zoning district provided the development plan identifies the use as a permitted or conditionally permitted land use. Establishing a land use not specifically permitted by the development plan would require an amendment to the PD zoning district.
2. Structures. New structures may be added in a PD zoning district provided the structures comply with development standards established in the development plan (e.g., height, setback, floor area ratio). Design review consistent with Chapter 17.120 (Design Permits) is required for all new development that was not approved with the development plan. Development that exceeds development standards in the development plan is allowed only with an amendment to the PD zoning district. (Ord. 1043 § 2 (Att. 2), 2020)