Chapter 2-76 PD – PLANNED DEVELOPMENT DISTRICT

Chapter 2-76
PD – PLANNED DEVELOPMENT DISTRICT

Sections:

2-76-020 Purpose.

2-76-040 Uses permitted.

2-76-060 Procedures for rezoning or amendment.

2-76-080 Requirements for residential PD zones.

2-76-100 Requirements for commercial and industrial PD zones.

2-76-120 Zoning map designation – District file.

2-76-140 Existing PUD permit – Existing PD designation with PUD permit.

2-76-020 Purpose.

A. Residential. The intent and purpose of a PD district for primarily residential uses is to permit more imaginative and flexible designs for residential development projects than would otherwise be permitted under the more conventional residential zoning designations. This flexibility may include such concepts as the flexibility in the location of structures; clustering; variation in yards and setbacks; the reservation of open space; and provision of neighborhood amenities. The flexibility also allows a developer to address geologic, topographical and environmental factors. At the same time, a PD district must conform to the requirements of the general plan and the intent of this code and municipal code in requiring adequate standards necessary to protect the public health, safety and general welfare.

B. Commercial and Industrial. The intent and purpose of a PD district for primarily commercial and industrial uses is to guide the development of commercially and industrially designated land, particularly (but not necessarily) near a freeway or freeway interchange, near a major entrance to the city, or adjacent to residential uses. Both the community serving general commercial (CSGC) and the business and commercial park (BCP) general plan designations require implementation through a PD district. The flexibility allowed in design in a PD district also allows a developer to address geologic, topographical and environmental factors. At the same time, a PD district must conform to the requirements of the general plan and the intent of this code and municipal code in requiring adequate standards necessary to protect the public health, safety and general welfare.

C. South Livermore Valley Specific Plan Area. This chapter, including LPZC 2-76-020 through 2-76-140, does not apply to the South Livermore Valley Specific Plan Area. The regulations in Chapter 2-82 LPZC, Planned Development – South Livermore Valley Specific Plan (PD-SLVSP), apply to development within the South Livermore Specific Plan Area. (Ord. 1561 § 2, 1999; Ord. 1543 § 3, Exh. A § 19.02, 1999)

2-76-040 Uses permitted.

A. Where Specific Regulations Adopted. In a PD ordinance adopted under this chapter, the PD ordinance shall specify the uses permitted and the uses conditionally permitted, if any.

In a PD zoning district where regulations have been established, the uses permitted are those uses authorized by the PD ordinance (or formerly issued PUD permit, if such a permit is still in effect).

B. No Specific Regulations Yet Adopted. In a PD zoning district where no specific regulations have been established, the uses permitted and development standards are those set forth below:


Type of PD District (based on general plan designation)	Uses and Standards Allowed Where No Specific Regulations Have Been Adopted
PD-R (residential)	Uses and density shall conform to the density specified in the general plan and to the residential zoning district which is the closest to that density: Single-family up to 6 du/ac – (RS) Multifamily up to 14 du/ac – (RM) Multifamily 14.1 and up du/ac – (RH)
PD-C (commercial), including property designated CSGC in the general plan	Uses allowed in the CB zoning district. Development standards of the I-1 zoning district.
PD-I (industrial), including property designated BCP in the general plan	Uses and development standards of the I-1 zoning district, plus uses allowed in the CHS zoning district in BCP areas.
PD-OS (open space)	Uses and development standards of the OS-A zoning district.

C. For All PD Zoning Districts. Except as otherwise set forth in the PD ordinance, property in a PD zone is subject to other generally applicable zoning regulations (in LPZC Part 3, such as parking requirements, sign regulations, second unit standards, etc.) as they exist at the time of a PD ordinance and as they may be amended in the future. (Ord. 1543 § 3, Exh. A § 19.04, 1999)

2-76-060 Procedures for rezoning or amendment.

A. Rezoning. To create or amend a PD district, the procedures in this section apply, in addition to the procedures for a zoning amendment set forth at Chapter 5-20 LPZC.

B. Application – Required Information.

1. Application. The property owner(s) shall file an application for a rezoning to a PD district (a PD ordinance) with the community development department. The submittal shall include the application fee established by council resolution, and as soon as an estimate is available, a deposit for the cost of environmental review. The city may also initiate an application.

2. Required Information. The applicant shall include the following information with the PD ordinance application. For each element, the applicant shall include a reference to the zoning district and zoning code section most nearly equivalent to the proposed use or standard.

a. Statement of purpose.

b. Permitted uses.

c. Conditional uses, if any.

d. Accessory uses.

e. Development standards, including:

i. Minimum lot size, lot width, yards and lot street frontage;

ii. Maximum coverage or floor area ratio;

iii. Maximum building height;

iv. Off-street parking standards (or reference to Chapter 3-20 LPZC);

v. For commercial and industrial developments, add:

(A) Sign standards (or reference to Chapter 3-45 LPZC);

(B) Required landscaping, fencing or lighting;

f. Architectural standards, if applicable.

g. A general site plan showing the general distribution of uses, i.e., commercial, industrial, residential.

h. Any proposed exceptions to LPZC Part 3, Development Standards.

i. For a residential PD, a description of design features which exceed those required by the city under a typical zoning district (see LPZC 2-76-080(D)).

j. Other pertinent information to establish that the proposed project meets the requirements set forth in LZPC 2-76-080 or 2-76-100, whichever is applicable.

D. Planning Commission Hearing and Recommendation. The planning commission shall hold a noticed public hearing to consider the application. The commission shall recommend to the city council either approval, conditional approval or disapproval of the application.

E. City Council Hearing and Decision. The city council shall hold a noticed public hearing to consider the application and the commission’s recommendation. The council shall by ordinance approve, approve subject to conditions or deny the application. The zoning administrator shall notify the applicant in writing of the council’s decision.

F. Amendments. The property owner may submit an application for an amendment to the PD ordinance, or the city may initiate a zoning amendment. The procedures for amending a PD ordinance are the same as those set forth in this section.

If a PD ordinance is later amended, the amending ordinance shall restate all the standards and requirements for the district, including the amendment, and shall then supersede any prior PD ordinances for that district. (Ord. 1543 § 3, Exh. A § 19.06, 1999)

2-76-080 Requirements for residential PD zones.

The planning commission may recommend and the city council may approve a PD ordinance for residential uses only when all of the following requirements are met:

A. Consistency with General Plan. The proposed PD-R district is consistent with the Livermore general plan, including its uses and residential density.

B. Development Standards. The PD ordinance includes clear development standards, including:

1. Uses permitted;

2. Conditional uses, if any;

3. Site requirements: lot sizes, yards, site coverage, height of structures, off-street parking, open space requirement;

4. Other district regulations.

Development standards shall not include exceptions to other, nonzoning requirements in the municipal code (such as street, storm drain or other utility standards), unless the other, nonzoning code section authorizes such an exception.

C. Site Plan and Design Review. The PD ordinance includes the following requirement:

Site plan approval and design review. Before a building permit is issued for any new structure, or a grading permit for grading, the property owner shall obtain site plan approval under Chapter 4-10 LPZC and design review under LPZC 5-05-110. In addition to any requirements under Chapter 4-10 LPZC, the site plan approval for property within this PD-R district may include development conditions not limited to building design and arrangement, circulation, access, lighting, fencing, landscaping and screening, and maintenance of common areas.

D. Additional Design Features To Justify Variation from Conventional Zoning. The proposed PD-R district reflects additional design features and common open areas, related to the proposed development, sufficient to justify the variation from more conventional zoning regulations.

For each variation from the conventional regulations, the applicant shall describe a design feature which is in proportion to the degree of variation, and shall explain why the variation is appropriate. The city shall consider only those design features which exceed what is otherwise legally required by the city or by the California Environmental Quality Act.

Any design feature approved under this subsection shall be assured and implemented through a development agreement or tentative map condition of approval, or both. Any development agreement shall be approved concurrently with the PD ordinance.

Following are examples of the types of additional design features which may be considered:

1. Reservation of open space;

2. Parks, trails, bicycle paths or playgrounds beyond those required under the parkland dedication ordinance;

3. Clustering of homes (in order to provide greater open space, or more parks, trails, neighborhood amenities, etc.);

4. Inclusion of more affordable (low- and very-low-income) housing, above what is required by the general plan and state law;

5. Provision of public, neighborhood amenities;

6. Diversification of building sizes and types; or

7. Other public features not generally available in the neighborhood of a standard zoning district.

E. Environmental Design. If there are any geologic, topographical and environmental factors and constraints on the site, the proposed design addresses these in a manner that could not be achieved in a more conventional zoning district. (Ord. 1543 § 3, Exh. A § 19.08, 1999)

2-76-100 Requirements for commercial and industrial PD zones.

The planning commission may recommend and the city council may approve a PD ordinance for commercial or industrial uses, or both, only when all of the following requirements are met:

A. All Commercial and Industrial Zones (PD-C and PD-I).

1. Consistency with General Plan. The proposed PD-C or PD-I district is consistent with the Livermore general plan, including uses and density.

2. Development Standards. The ordinance includes clear development standards, including:

a. Uses permitted;

b. Conditional uses, if any;

c. Accessory uses;

d. Site and development standards: lot sizes, setbacks, street frontage, yards, site coverage, height of structures, off-street parking, open space requirement, sign standards;

e. Other district regulations, including, but not limited to: required landscaping, fencing or lighting; architectural standards (if applicable); proposed hours of operation; regulation of noise, vibration and odors; exterior storage and screening.

3. Site Plan Approval and Design Review. The PD ordinance includes the following requirement:

Site plan approval and design review. Before a building permit is issued for any new structure, or a grading permit for grading, the property owner shall obtain site plan approval under Chapter 4-10 LPZC and design review under LPZC 5-05-110. In addition to any requirements under Chapter 4-10 LPZC, the site plan approval for property within this PD district may include development conditions not limited to building design and arrangement; architectural standards; storage facilities; phasing of improvements; circulation; access; lighting; fencing; landscaping and screening; buffers; hours of operation; regulations of noise, vibration and odors; and property maintenance.

4. Additional Design Features to Justify Variation from Conventional Zoning. The proposed PD-C or PD-I district contains additional design features, related to the proposed development, sufficient to justify the variation from more conventional zoning regulations.

Following are examples of the types of additional design features which may be considered:

a. Increased landscaping;

b. Increased landscape setbacks;

c. Provision of open space in excess of what is otherwise required;

d. Pedestrian areas, outdoor benches, fountains, trails, or other outdoor recreation areas;

e. Extraordinary architecture;

f. Employee facilities, such as on-site day care, showers and locker rooms.

The requirements of this subsection do not apply to property which is designated BCP and CSGC in the general plan by city-initiated action rather than by application of the property owner.

5. No Significant Adverse Impact. The proposed PD district will not have a significant adverse impact on surrounding development.

B. Property Designated Community Serving General Commercial (CSGC). If the property is designated in the general plan as CSGC, the following requirements apply:

1 – 5. Requirements set forth in subsection (A) of this section;

6. Location. The proposed PD district is located along a major street in the vicinity of a freeway interchange;

7. Uses. The proposed PD district includes any one or a combination of community serving retail, office, service or mixed residential uses. If commercial uses are proposed, they consist of a size, bulk and coverage found in a retail shopping center, including destination-oriented large retail tenant, business and commercial services, and professional and administrative offices;

a. Superstores, as defined in LPZC 1-10-597, are prohibited;

8. Additional Site Plan Approval Requirements. The PD ordinance includes the following requirement, in addition to that set forth in subsection (A)(3) of this section:

Before the site plan is approved, the applicant shall:
(a) Identify the core tenant(s),
(b) Identify the core tenant’s relationship to ancillary retail, office, service and residential uses,
(c) Identify the effect of the development upon surrounding commercial activity, in particular the consequences of implementing this project upon the CBD,
(d) Achieve outstanding architectural design which takes into consideration the site location, its visibility, its physical site characteristics, and its relationship to the surrounding community,
(e) Be integrated into the community-wide circulation system through proper access and public street improvements necessary to successfully serve the type and intensity of development proposed, and
(f) Identify the phasing/timing of this project, and its relationship to other segments of the commercial, residential or industrial marketplace.

C. Property Designated Business and Commercial Park (BCP). If the property is designated in the general plan as BCP, the following requirements apply:

1 – 5. Requirements set forth in subsection (A) of this section;

6. Location. The proposed PD district is located along a major street in the vicinity of a freeway interchange;

7. Minimum Area. The area zoned PD is a minimum of 20 acres in size;

8. Uses and Coverage. The proposed PD district includes any one or a combination of the following uses, with the maximum building coverage indicated:

a. Large, destination-oriented retail commercial use (e.g., factory outlet center, warehouse, wholesale/retail store) or a large, commercial service use (e.g., home improvement center, furnishing and appliance store, automobile or recreational vehicle sales), with a maximum building coverage of .30,

i. Superstores, as defined in LPZC 1-10-597, are prohibited.

b. Professional and administrative office, with maximum building coverage of .40,

c. Highway-oriented commercial use (e.g., hotel/motel, convention center), with maximum building coverage of .40,

d. Support and ancillary services (e.g., restaurants, service stations),

e. Low-intensity industrial uses compatible with the above uses, with a maximum building coverage of .45;

9. Additional Site Plan Approval Requirements. The PD ordinance includes the following requirement, in addition to that set forth in subsection (A)(3) of this section:

Before the site plan is approved, the applicant shall:
(a) Address the general configuration, location and intensity of land uses. Identify the appropriate range of land uses to ensure compatibility within the development and with adjacent land uses.
(b) Provide for well designed, architecturally integrated development consistent with the intent of the Livermore Urban Design Implementation Program. Development of the area shall also consider and integrate any unique environmental features with the urban elements of the site.
(c) Integrate the development into the community-wide circulation system through proper access and public street improvements necessary to serve the type and intensity of development proposed.
(d) Identify the phasing/timing of the project, and its relationship to other segments of the commercial, residential or industrial marketplace.

(Ord. 1809 § 2, 2007; Ord. 1543 § 3, Exh. A § 19.10, 1999)

2-76-120 Zoning map designation – District file.

A PD district shall be noted on the zoning map by one of the following designations, followed by the given district number:

PD-R-__ (residential)

PD-I-__ (industrial)

PD-C-__ (commercial, including BCP and CSGC)

PD-OS (open space)

The ordinance(s) adopting, or amending, the PD district shall not be codified, but shall be kept on file in the community development department offices as a permanent reference file under the PD district number. (Ord. 1543 § 3, Exh. A § 19.12, 1999)

2-76-140 Existing PUD permit – Existing PD designation with PUD permit.

A PD district with a PUD permit existing on the effective date of the ordinance codified in this chapter shall remain in effect until the property owner initiates an application for a PD ordinance under this chapter.

If a property owner proposes any amendment (major or minor) to a PUD permit existing on the effective date of the ordinance codified in this chapter, that amendment may only be approved by an amendment under this chapter. If such an amendment is approved, it shall only be adopted as part of a new PD ordinance containing all the relevant terms of the original PUD permit, plus the amendment.

If the city initiates and adopts a zoning amendment which affects a PUD permit, a structure or use covered by the PUD permit which is inconsistent with the new zoning shall become a legal non-conforming structure or use, subject to LPZC 3-05-010 and 3-05-020. (Ord. 1709 § 6, 2004; Ord. 1543 § 3, Exh. A § 19.14, 1999)