Chapter 18.32
PLANNED DEVELOPMENT
Sections:
18.32.020 Zoning map designation.
18.32.060 Expiration and renewal.
18.32.070 Amendments of approved plans.
18.32.010 Purpose.
The purpose of this chapter is to establish the procedures for the establishment of a planned development (PD) overlay district and the review and approval of a PD plan for development within a PD overlay district. [Ord. 24-002 § 5 (Exh. A).]
18.32.020 Zoning map designation.
A planned development (PD) overlay district shall be noted on the zoning map by adding the designation “-PD” and ordinance number to the base zoning district. [Ord. 24-002 § 5 (Exh. A).]
18.32.030 Procedures.
A. Decision-Making Body. A PD overlay district must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review; and the Planning Commission shall make a recommendation to the City Council.
B. Review Procedures.
1. Zoning Amendment. An application for a PD overlay district shall be processed as a zoning amendment, according to the procedures of Chapter 18.29 DMC, Amendments, and shall include a PD plan.
2. PD Plan. The PD plan shall be accepted and processed concurrently with the application for the PD, in the same manner as a conditional use permit application, pursuant to Chapter 18.24 DMC, Use Permits.
3. Tentative Subdivision Map. When a PD 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 PD.
C. Initiation. An application for a PD overlay district may be initiated by any qualified applicant identified in DMC 18.21.020, Application forms and fees, or a motion of the City Council. 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 Content. A qualified applicant shall submit an application for a PD overlay district on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. [Ord. 24-002 § 5 (Exh. A).]
18.32.040 Required findings.
A PD overlay district and PD plan shall only be approved if all of the following findings are made:
A. The proposed development is consistent with the General Plan and any applicable specific 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 design guidelines; and
F. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, resource protection, and/or substantial public benefit. [Ord. 24-002 § 5 (Exh. A).]
18.32.050 Conditions.
In approving a PD overlay district and PD plan, the City Council 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 this 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. [Ord. 24-002 § 5 (Exh. A).]
18.32.060 Expiration and renewal.
A. Expiration. A PD plan shall be effective on the same date as the ordinance creating the PD overlay district for which it was approved and shall expire two (2) 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, except as provided below.
1. PD Plan Approval. The approval of a specific PD plan may specify an effective period or development phasing program exceeding two (2) years. A PD plan with a phasing program shall remain in effect so long as not more than one (1) year lapses between the end of one (1) phase and the beginning of the next phase.
2. Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.
3. Development Agreement. Where a PD plan has been approved in conjunction with a development agreement, the PD plan shall be effective and expire pursuant to the terms of the development agreement.
B. Renewal. An approved PD plan that has not been inaugurated may be renewed for a single, maximum two (2) year period approved by the City Council after a duly noticed public hearing. Application for renewal shall be made in writing between thirty (30) and one hundred twenty (120) days prior to expiration of the original approval. The City Council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter. [Ord. 24-002 § 5 (Exh. A).]
18.32.070 Amendments of approved plans.
A. Changed Plans. Amendments to a PD overlay district or PD plan may be requested by the applicant or its successors. Amendments to the approved plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.
B. Major Amendments. Major amendments to an approved PD overlay district or PD plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one (1) or more of the following changes:
1. A change in the boundary of the PD overlay district;
2. An increase or decrease in the number of dwelling units for the PD overlay district that is greater than the maximum or less than the minimum stated in the PD plan;
3. An increase or decrease in the floor area for any nonresidential land use that results in the floor area less than the minimum or exceeding the maximum stated in the PD 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 Public Works Director or Director of Engineering, as appropriate;
5. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD overlay district or to the overall major street system, as determined by the Public Works Director or Director of Engineering, as appropriate; or
6. Any other proposed change to the PD plan or the conditions of approval that substantively alters one (1) or more of its components as determined by the Director.
C. Minor Amendments. Amendments not meeting one (1) or more of the criteria listed in subsection B of this section 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. [Ord. 24-002 § 5 (Exh. A).]
18.32.080 Project review.
Plans for a project in a PD overlay district shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan and any conditions of approval or the PD overlay district development standards. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan and PD overlay district. [Ord. 24-002 § 5 (Exh. A).]