Chapter 16.12 SPECIAL DISTRICTS

Chapter 16.12
SPECIAL DISTRICTS

Sections:

16.12.010 Planned Development (PD) District.

16.12.020 Public/Quasi-Public (P/Q) District.

16.12.010 Planned Development (PD) District.

A. Purpose and Intent.

1. The general plan outlines the goals, objectives and policies establishing the character and location of land uses throughout the city. It is the purpose of this section to establish regulations which implement those goals, objectives and policies which provides for superior development by allowing a greater degree of design and land use flexibility within the framework of a site specific development plan.

2. The provisions of this section establish procedures which provide for large scaled, multiphased residential, commercial or industrial mixed use developments. These provisions permit the clustering of units, the mixing of land use and building types, and the formulation of specific development standards and design criteria which respond to the particular features or conditions affecting a site.

3. Applicability. The Planned Development District is intended to be applied when:

a. The physical characteristics of a site necessitate restricting conventional development opportunities to preserve a significant amenity or natural feature or mitigate a manmade or natural hazard, or

b. The objectives of the general plan would be more effectively achieved through the design flexibility of the development plan procedures, or

c. It is necessary to ensure land use compatibility and appropriate design by requiring the merging of areas or parcels into a single overall land use plan and site design which might otherwise be developed separately.

B. Use Regulations.

1. Uses within a Planned Development District shall be established by a conditional use permit, planned development, or a development plan approved for the site, as determined by the community development director.

2. Uses established by the development plan shall be consistent with the text and land use map of the general plan and any applicable planned development or specific plan for the project site.

3. Prior to the approval of a district change to “Planned Development,” the conditions of approval for the conditional use permit or development plan, approved in accordance with the provisions of this chapter and Chapter 16.08 HMC, shall establish the permitted and the conditionally permitted primary and accessory uses for the planned development project.

4. Sexually oriented business shall be permitted subject to provisions of Chapter 16.72 HMC.

5. Accessory dwelling units and junior accessory dwelling units are permitted if they comply with the provisions of HMC 16.44.180.

C. Application Procedures.

1. An application for “Planned Development” shall be accompanied by a request for district change to “Planned Development [PD],” except where the existing zone district is PD.

2. An application for a district change to PD shall be accompanied by a conditional use permit application or a preliminary development plan which addresses all land included with the proposed PD District.

3. The application for development shall describe all land within that PD District boundary.

4. The preliminary Development Plan required by subsections (C)(2) and (3) of this section shall be prepared in accordance with the requirements and information established in subsections (D)(1) and (2) of this section.

5. Prior to the formal submission of the conditional use permit or planned development application, the project applicant shall meet with the community development director at a pre-application conference. The pre-application conference is intended to acquaint the applicant with the procedural requirements of this chapter, provide an opportunity to discuss the proposed development concept and the plans compatibility with or variance from any applicable policies, issues or development regulations.

6. The planning commission shall review and the city council shall act upon all requests for district change to PD.

7. Upon adoption of the PD District and the accompanying conditional use permit or preliminary development plan, further action by the city council concerning the approval of the PD application (final development plans or tentative tract maps) is not required unless specifically requested by the council or appealed in accord with the appeal provisions of this title.

8. Following the approval by the city council of the PD District, a final development plan, prepared in accordance with subsections (D)(1) through (4) of this section, shall be submitted for review and action by the planning commission.

a. The reading of the enabling ordinance for the district change to PD shall be conducted by the city council prior to approval of a final development plan by the planning commission.

b. In the event the PD is carried out in phases and separate final development plans are to be approved for each phase, the city council shall have read the enabling ordinance for the entire development prior to the approval of the final development plan for the first phase by the planning commission.

c. An application for a final development plan may be for a portion of the land included within the PD or a phase thereof; provided, that:

i. Each phase shall function as a complete and separate development from the remaining phases; and

ii. Any densities proposed or open space areas provided within the subject phase shall not result from a transfer of density from adjoining phases.

D. Preliminary and Final Development Plans Content.

1. The development plan shall function as a development suitability analysis and land use concept plan which:

a. Identifies and quantifies the constraints and opportunities for development posed by:

i. The physical characteristics of the site;

ii. Available public services and facilities;

iii. The capacity of the existing circulation system; and

iv. The existing and planned land use of adjacent properties.

b. Establishes a list of specific limits, parameters and planning objectives to guide development based on the identified development constraints and opportunities.

c. Describes one or more potential development schemes derived from the limits, parameters and planning objectives controlling development. Each proposed development scheme shall describe:

i. Proposed land uses and approximate distribution of such land uses;

ii. Proposed density of residential uses;

iii. Estimated population;

iv. Estimated service demands;

v. The anticipated impact on the existing circulation system;

vi. The anticipated impact on adjacent properties; and

vii. The relationship of the plan to the various elements of the general plan.

2. The development plan shall function as an overall comprehensive plan of development for the PD District which:

a. Sets forth in the form of a written text, maps or diagrams a detailed plan of development based upon the application of the established limits, parameters and planning objectives controlling development. Said plan shall describe in detail:

i. Proposed land uses and building types, the functional management of such uses and building types and relationship to site, site grading, circulation, lighting, paving, parking, screening, setbacks, recreation and open space areas, and adjacent properties;

ii. How the established limits, parameters and planning objectives have been adhered to;

iii. The level of public services and facilities required by the proposed development and the program for providing, operating and maintaining such services and facilities;

iv. Access and circulation requirements;

v. Known manmade and natural hazards and methods for mitigation of such hazards;

vi. Significant natural features and areas to be retained for common open space, and provisions for the preservation, conservation, utilization and maintenance of such areas; and

vii. How the plan conforms to the objectives of the general plan and the PD provisions of this title.

3. The development plan shall set forth the location and dimensions of all uses and structures in sufficient detail to permit recordation and preparation of construction drawings.

4. If ambiguity exists as to the specific dimensions or extent or any designated area on the development plan, the specific boundaries shall be set by the filing of a legal description and map of the parcel in question.

E. Findings.

1. Prior to approving a request for a district change to PD, if required, and/or the accompanying preliminary development plan, the city council shall find that all of the following are true:

a. That the proposed plan is consistent with the general plan and any applicable specific plan;

b. That the physical characteristics of the site have been adequately addressed and that the site is adequate to accommodate all proposed land uses and the general arrangement of such uses;

c. That the plan adequately addresses and reflects all natural and manmade hazards associated with the project site;

d. That the capacity of the circulation system is adequate or can feasibly be improved to accommodate the anticipated requirements of the proposed development;

e. That realistic, feasible methods exist to accommodate the public service and facilities requirements of the proposed development;

f. That the proposed land uses and proposed arrangement of such uses will be compatible with the existing and planned land use character of adjacent properties;

g. That the plan carries out the intent of the planned development provisions of this title.

2. Prior to approving upon an application for a final development plan or conditional use permit, the planning commission shall find that all of the following are true:

a. That the proposed development is consistent with the general plan and any applicable community plan or specific plan;

b. That the site for the proposed development is adequate in size and shape to accommodate proposed uses and proposed development standards for all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping and other features;

c. That the improvements required by the conditions of approval, and the proposed manner of development, adequately address natural and manmade hazards affecting the proposed development and the project site;

d. That the site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing and proposed streets and highways;

e. That adequate public services exist or will be provided in accordance with the conditions of approval to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety and welfare;

f. That the proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land use character of adjacent properties;

g. The proposed development carries out the intent of the planned development provisions of this title by providing a more efficient use of the land and an excellence of design superior to that which could be achieved through the application of conventional development standards. (Ord. 448 § 6, 2021; Ord. 205 § 9, 1996; Ord. 171 § 3.10, 1994)

16.12.020 Public/Quasi-Public (P/Q) District.

A. Purpose and Intent.

1. The general plan outlines the goals, objectives and policies establishing the location and character of public, quasi-public and institutional land uses and activities within the city.

B. Use Regulations.

1. Identified on Table 16.12.020.A are those land uses or activities which may be permitted in the Public or Quasi-Public Zone Districts, subject to the provisions of this chapter, this title and applicable general plan policies. Table 16.12.020.A also indicates the development procedure and the required approval type by which each listed land use or activity may be permitted in the P/Q Zone District.

2. Where the symbol “C” appears in the required approval column, the corresponding land use or activity may be permitted subject to the approval of a conditional use permit application as provided for in Chapter 16.08 HMC.

3. Where the symbol “DR” appears in the column beneath the zone designation, the corresponding land use or activity may be permitted subject to the approval of a department review permit application processed in conformance with the procedures as set forth in Chapter 16.08 HMC.

Table 16.12.020.A

Uses Permitted Within Public/Quasi-Public District
Use	Condition of Use
A. Public/quasi-public uses
1. Ambulance service	DR
2. Animal shelters	C
3. Auditoriums	C
4. Churches and synagogues	C
5. Clubs, lodges, fraternities and sororities	C
6. Convalescent homes	C
7. Cultural activities	C
8. Day nursery, nursery schools, and child care facilities per state law	C
9. Educational institutions (including public or private vocational schools)	C
10. Fire and police station	DR
11. Hospitals	C
12. Post offices	DR
13. Public libraries and museums	DR
14. Public parks and recreation facilities (public or private)	DR
15. Public utilities and public service substations, reservoirs, pumping plants and similar installations not including public utility offices	C
16. Public utility services offices	DR
17. Recreational facilities such as zoos, country clubs, tennis and swim clubs, golf courses and private ranges, equestrian centers, with incidental limited commercial uses which are commonly associated and/or directly related to the primary recreational use	C
18. Residential care facility	C
19. All public buildings and grounds not otherwise mentioned herein	DR
B. Accessory uses
1. Accessory structures and uses located on the same site as a permitted use, subject to issuance of a department review permit	DR
2. Accessory structures and uses located on the same site as uses subject to a conditional use permit	C
C. Temporary uses
1. Temporary uses as described in Table 16.08.130.A	DR
D. Other uses similar to, and no more objectionable than, the uses identified above shall be reviewed per the process required by the similar use, as determined by the planning commission	P

C. Public/Quasi-Public District Development Standards.

1. General Requirements. Table 16.12.020.B establishes the minimum property development standards for all land, buildings, and structures constructed or placed within the Public/Quasi-Public District.

Table 16.12.020.B

Public/Quasi-Public Development Standards
Requirement minimum site area:	One acre
Minimum site width:	160 feet
Minimum site depth:	160 feet
Minimum front building setback:	30 feet
Minimum side building setback:	25 feet
Minimum street side building setback:	30 feet
Minimum rear building setback:	25 feet
Building height (maximum):	35 feet
Building coverage (maximum):	45 percent

2. Special Requirements.

a. Wherever a lot in any Public/Quasi-Public District abuts a lot in any residential district, a minimum building setback of 40 feet shall be required. A minimum of 20 feet of said setback area nearest the district boundary line shall be landscaped.

b. Where off-street parking areas are situated such that they are visible from any street, a wall or earthen berm three feet in height shall be erected between the required landscape area and the parking area to adequately screen said parking areas.

c. Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

d. Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities. (Ord. 171 § 3.20, 1994)

16.12.030 Civic Center (CC) District.

A. Purpose and Intent.

1. The general plan outlines the goals, objectives, and policies establishing the location and character of public, quasi-public, and institutional land uses and activities within the city.

2. It is the purpose of this section to provide regulations which implement those goals, objectives and policies and which assure the availability and adequacy of lands suitable for future public, quasi-public and institutional facilities, uses and activities, and to specifically help facilitate civic center type uses for the benefit of the public around the existing City Hall facility.

B. Use Regulations.

1. Identified in Table 16.12.030.A are those land uses which may be permitted in the Civic Center Zone District, subject to the provisions of this chapter, this title and applicable general plan policies. Table 16.12.030.A also indicates the development procedure and the required approval type by which each listed land use or activity may be permitted in the CC Zone District.

3. Where the symbol “SR” appears in the column beneath the zone designation, the corresponding land use or activity may be permitted subject to the approval of a staff review permit application processed in conformance with the procedures as set forth in Chapter 16.08 HMC.

Table 16.12.030.A
Uses Permitted within
Civic Center District
	Condition of Use
A. Civic Center Uses
1. City Hall	SR
2. Fire Station	SR
3. Public Plazas and Museums	SR
B. Temporary Uses (subject to the provisions of HMC 16.08.120, and the issuance of a temporary use permit)	P
C. Accessory Uses
1. Wireless telecommunication facility
a. Major	C
b. Minor	SR
2. Other accessory uses and structures located on the same site as a permitted use	P
3. Other accessory uses and structures located on the same site as a use subject to staff review permit	SR
4. Other accessory uses and structures located on the same site as a use subject to a conditional use permit	C
D. Other uses similar to, and no more objectionable than, the uses identified above shall be reviewed per the process required by the similar use, as determined by the planning commission	P

C. Civic Center District Development Standards.

1. General Requirements. Table 16.12.030.B shall be the minimum property development standards for all land, buildings, and structures constructed or placed within the Civic Center District.

Table 16.12.030.B
Residential Site Development Standards
	CC
Minimum Site Area	2.0
Minimum Site Width	250 ft.
Minimum Site Depth	400 ft.
Minimum Front Building Setback	65 ft.
Minimum Side Building Setback	15 ft.
Minimum Rear Building Setback	15 ft.
Maximum Lot Coverage	50%
Maximum Height for Buildings and Structures	65 ft.

2. Special Requirements.

a. The minimum front and side building setback may be adjusted to be compatible with surrounding uses as determined by the planning commission.

b. If applicable, expansion of existing legal nonconforming commercial type uses and structures within the Civic Center District in accordance with HMC 16.08.150, Nonconforming parcels, uses and structures, apply development standards as approved by the planning commission.

3. Additional standards for development within the Civic Center District include the following:

a. Architectural Form and Massing.

i. In addition to determining the appropriate aesthetic quality of new civic center developments, the planning commission shall also determine whether the civic center development’s architectural elements and massing are appropriate to mitigate potential impacts to adjoining mixed use retail and residential district uses.

ii. Architectural elements shall connect the civic center physically and visually with the Historic Village District by incorporating historically compatible architecture, signage, landscaping and other elements as determined appropriate and consistent with the general plan town center vision by the planning commission.

4. All accessory structures shall be architecturally compatible with the existing civic center structure on site. (Ord. 369 § 5, 2012)