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Atwater City Zoning Code

CHAPTER 17

44 - PLANNED DEVELOPMENT DISTRICTS

17.44.010 - Purpose.

The overall purpose of the Planned Development (PD) zone is to provide a flexible zone district which will implement the City General Plan and achieve a higher standard of quality of development than typically found in conventional zones. More specific purposes of this district are to:

A.

Relate the development to the characteristics of the site through flexibility of design to enhance the natural attributes of the site.

B.

Provide a harmonious and integrated relationship between the land, buildings, and uses through innovative design.

C.

Promote architectural variety while maintaining compatible styles and design.

D.

Encourage mixed land uses where desirable and make them compatible styles and design.

E.

Encourage development efficiencies through innovative design and land use relationships.

F.

Ensure safe and efficient circulation of motor vehicles, bicycles and pedestrians with a minimum of interference between them, and minimize the use of motor vehicles within the development.

G.

Encourage development of properties into unified developments and ensuring development is consistent with any City Council adopted design guidelines.

H.

Reduce speculative ventures by requiring that a master plan for development of the property be processed concurrently with the zone change application.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 942, § 1, 4-22-2013)

17.44.020 - General provisions.

The following general provisions shall apply to all PD Planned Development zones:

A.

A PD zone may be established on a minimum of ten acres of land for residential but no limit for commercial and industrial uses.

B.

No use other than existing uses as prescribed under General Plan land use and Base Zone shall be permitted in the PD zone except in accordance with a valid master plan approved by the Planning Commission and City Council.

C.

Any and all types of land uses may be considered for approval through a master plan within the PD zone if the uses are consistent with the underlying General Plan land use designation and zoning for the property.

D.

All land within a proposed PD zone shall be held in one ownership, or under mutual agreements of all owners of the property when the initial application for the PD zone and master plan are submitted.

E.

Compliance with any requirement in the PD zone shall not be construed to relieve an applicant from compliance with subdivision regulations, building code requirements or any other applicable regulations of the City.

F.

Each PD zone shall be numbered, the first adopted being shown on the zoning map as "PD(1)" and each zone subsequently adopted numbered consecutively.

G.

Existing Planned Development (PD) zones shall remain in effect to ensure development follows the approved master plan and development plan. Property presently zoned "PD" shall be developed according to the provisions of the approved "PD" zone or as amended pursuant to Section 17.44.100.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.030 - Planned development approval process.

A.

Initiation. An application to reclassify property to a PD zone may be initiated by the property owner or authorized agent, the Planning Commission, or the City Council.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 942, § 1, 4-22-2013)

17.44.040 - Approval stages.

The development approval process within a PD zone shall consist of three stages:

A.

First Stage: A preliminary conceptual master plan for the entire property shall be submitted for review by the City staff.

B.

Second Stage: After the conceptual plan is reviewed by staff, a master plan shall be submitted concurrently with a PD zone change for Planning Commission recommendation and City Council approval.

C.

Third Stage: After approval of the master plan and zone change applications by the City Council, a detailed development plan shall then be processed for development of all or portions of the property. If approval of a tentative subdivision map is required for residential development, it may be processed concurrently or prior to the development plan, but under no circumstances can the development plan be approved before the approval of the subdivision tentative map. The development plan shall be submitted for Planning Commission recommendation and City Council approval.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.050 - Master plan.

The master plan application shall indicate how the property is proposed to be developed. The master plan may be conceptual and general in level of detail, but shall propose general locations for buildings, landscaping, and circulation and include development standards to be followed, with the development phasing, and a development schedule.

The master plan application shall be processed, reviewed, and acted on concurrently with the PD zone change at the public hearings before the Planning Commission and City Council.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 942, § 1, 4-22-2013)

17.44.060 - Master plan application processing.

A.

Development of land in a PD zone may occur by phases. Such phases and the corresponding development schedule shall be indicated in the master plan and be reasonable in size, shape, function, timing, and relationship to adjacent development.

B.

Environmental review of the proposed development and CEQA documentation shall be accomplished to the maximum extent feasible at the zone change and master plan stage.

C.

The master plan, pursuant to Section 17.44.020.G. shall remain in effect unless construction of public improvements contained in the plan have not begun within two years of initial approval. Time extensions up to three additional years may be granted by the City Council in one year increments if requested in writing before the expiration date and if conditions in the area have not substantially changed and the master plan is still consistent with the City General Plan, any City Council adopted design guidelines and ordinances. Prior to City Council's consideration of any extension, the written requests shall be submitted to the Planning Commission for recommendation.

D.

If the master plan time limit expires before the development plan and/or tentative subdivision map are submitted, the Planning Commission has the authority to:

1.

Initiate a zone change to consider rezoning the property to its original zoning or other appropriate zone which is consistent with General Plan land use. The approval of the master plan shall be conditioned to this effect and a Notice of Conditions of Approval shall be recorded to advise any prospective property owners of this entitlement limitation; or

2.

Permit the applicant/developer to either resubmit the master plan for approval or submit a new plan for approval. Submission and approval of the master plan will follow the procedures for submission and approval of master plans under this chapter.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.070 - Findings to approve master plan.

The Planning Commission shall recommend and the City Council shall approve or conditionally approve the master plan for the PD zone upon making the following findings:

A.

The master plan will provide for a higher standard or quality of development than typically found in the other zones and will meet the intent of the purposes of Planned Development zone.

B.

Deviations from the requirements in the other zones of the zoning code that would normally apply are justified by compensating benefits of the master plan.

C.

The master plan is consistent with and furthers the policies of the General Plan and any applicable community specific plan and adopted design guidelines.

D.

The master plan includes adequate provisions for public facilities and services including water, sewer, drainage, traffic circulation, and access.

E.

Public service demands will not exceed the capacity of existing and planned systems.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.080 - Master plan required plans and materials.

An application for rezoning to a PD zone shall be submitted with a master plan application and shall include the following items:

A.

A map showing the proposed PD zoning boundaries and the relationship to existing uses and structures within a 300-foot radius from proposed property lines.

B.

Present and approximate proposed topography of the area, including existing natural features (trees, rock outcroppings, streams, etc.) and those to be retained.

C.

A statement from a registered civil engineer indicating how adequate water, sewer, and drainage services will be provided.

D.

A conceptual site plan showing:

1.

The general categories of land uses, i.e. low density residential, office commercial, light research industrial, etc.

2.

The intensity of development within the zone, i.e. number of residential units per acre, square footage of office, retail commercial and industrial uses, and lot coverage.

3.

The circulation system within the zone, such as roads, sidewalks and pedestrian paths, and bicycle trails and whether roads are to be public or private. Trip generation information must also be provided for the proposed use.

4.

Open spaces and landscaping: general features, functions, purposes, whether public or private, and both total acreage and percentage of total project area.

5.

General design and location of facilities and structures within the zone.

6.

Architectural style of the buildings or architectural theme for future development consistent with any applicable codes and adopted design guidelines.

7.

Master plan development schedule:

a.

The number and delineation of phases shall be indicated.

b.

A development schedule shall be provided which indicates the proposed sequence of development and an approximate time schedule from ground breaking to occupancy of the various uses.

8.

A statement as to the benefits and need for the Planned Development zoning as opposed to conventional zoning. This should include how the proposed PD zone and development meets the purposes of the PD zone.

9.

A statement as to how the proposed PD zone furthers the goals, objectives, and policies of the City General Plan.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.090 - Reserved.

Editor's note— Ord. CS 913, § 1, adopted August 9, 2010, amended the Code by repealing former § 17.44.090 in its entirety. Former § 17.44.090 pertained to modifications to the master plan, and derived from Ord. CS 544 of 1984 and Ord. CS 709 of 1994.

17.44.100 - Amendment to the master plan.

Substantial revisions to an approved master plan shall require an amendment to the master plan.

A.

An amendment to the master plan shall be considered at a public hearing. The Planning Commission shall make a recommendation to the City Council to approve, conditionally approve, or deny the amendment.

B.

An application to amend the master plan shall accompany the following items:

1.

Fee as established for use permit application.

2.

Map showing the original approval and the proposed modification.

3.

Compliance with all the master plan requirements and materials as outlined under Section 17.44.080 of this chapter.

C.

A revised master plan shall be consistent with General Plan designation and the Planned Development zoning district for which they have been established.

D.

Substantial modification to the originally approved master plan may require a new environmental document to assess the new impacts.

E.

Approval of an amendment to the originally approved master plan shall carry out the remaining of time as prescribed by Section 17.44.060.C. of this chapter.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.110 - Development plan.

As described in Section 17.44.040, the third and final stage for the development approval process within a PD zone requires the applicant/developer to submit a detailed development plan for development of all or portions of the property. If approval of a tentative subdivision map is required for residential development, it may be processed concurrently or prior to the development plan, but under no circumstance can the development plan be approved before the approval of the subdivision tentative map.

Each development plan application shall include precise plot plans, elevation drawings of proposed structures, building materials, and other appropriate supporting material.

After Planning Commission recommendation, the City Council has the authority to approve or conditionally approve a development plan if the plan conforms with and implements the approved master plan with minor modifications.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.120 - Development standards.

A.

The proposed categories of land use, residential housing unit densities, and population densities, shall be consistent with the standards in the City's General Plan and any adopted specific plan for the underlying land use designations.

B.

Other standards and guidelines such as lot areas, lot coverage, setbacks, heights of buildings, open space and adopted design guidelines shall be as approved by the City Council after recommendation by the Planning Commission.

C.

Building height. No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.44.130 - Development plan application processing.

A.

A development plan should cover at least one phase of development described in the master plan and shall conform to the approved development schedule.

B.

The development plan, pursuant to Section 17.44.020.G. shall remain in effect unless construction consistent with the approved development plan has not begun within two years of initial approval. Extensions of time up to two additional years for the initiation of development pursuant to the development plan may be granted by the City Council in one year increments if requested before the expiration date. Prior to City Council's consideration of any extension, the written request shall be submitted to the Planning Commission for recommendation.

C.

If initial approval the development plan and all extensions as set forth in Section 17.44.130.B. have been exhausted, then the applicant/developer may resubmit the development plan for approval or submit a new plan for approval. Submission and approval of the development plan will follow the procedures as set forth under this chapter.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.135 - Amendment to the development plan.

Revisions or modifications to an approved development plan shall require an amendment to the development plan.

A.

An amendment to the development plan shall be considered at a public hearing. The Planning Commission shall make a recommendation to the City Council to approve, conditionally approve, or deny the amendment.

B.

An application to amend the development plan shall accompany the following items:

1.

Fee as established for use permit application.

2.

Map or other exhibits showing the original approval and the proposed modification.

3.

Compliance with all the development plan requirements and materials as outlined under Section 17.44.150 of this chapter.

C.

A revised development plan shall be consistent with the General Plan designation and the Planned Development zoning district for which they have been established.

D.

Approval of an amendment to the originally approved development plan shall carry out the remaining of time as prescribed by Section 17.44.130.B. of this chapter.

(Ord. CS 942, § 1, 4-22-2013)

17.44.140 - Development plan required plans and materials.

A.

A development plan application shall be submitted to the Planning Commission for recommendation and City Council and shall include the following:

1.

Precise plot plans, or generalized plot plans;

2.

Elevation drawings of proposed structures for typical individual single family residential structures;

3.

The location and purpose of landscaped areas with general categories of plants to be used;

4.

Detailed signage plan;

5.

Detailed lighting plan;

6.

Vehicle, pedestrian, and bicycle circulation plans; and

7.

Other supporting material.

B.

The development plan shall indicate how the proposed development meets the intent and is consistent with the adopted master plan and any City Council adopted design guidelines.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.150 - Site design.

In addition to any requirements imposed by the General Plan, applicable State laws, this Code and any adopted design guidelines, the following shall apply to development under this chapter:

A.

Development should be oriented to the natural terrain by encouraging innovation and variety in site design, grading techniques, building types, and spacing of buildings.

B.

All buildings should be shaped, designed, and organized to provide visual interest, a sense of identity, and to allow adequate access, light, and air.

C.

Buildings should also be compatible in design, height, scale, and color scheme with buildings in other phases of the development.

D.

Except for industrial uses, large projects should be segmented into groups of structures. The use of large, boxlike structures shall be avoided.

E.

Whenever possible, structures should be clustered to create plazas and pedestrian areas. Scattered or long barracks-like rows of structures should be avoided.

F.

Variety should be employed in structure forms to create visual character and interest. Long, blank building walls shall be avoided.

G.

Where commercial and industrial uses are adjacent to residential uses, appropriate buffering techniques such as setbacks, screening, and landscaping with walls shall be provided.

H.

Open Space.

1.

"Open space" for the purposes of this chapter is defined as any common area not covered by buildings, roadways, or parking lots.

2.

The two main types of open space are:

a.

Private Open Space. Land adjacent to dwellings and commercial or industrial structures that is reserved for the exclusive use of the residents, customers, or workers.

b.

Common Open Space. Land set aside for all inhabitants of a residential development or active and passive open space for the general public in other areas.

3.

Open space may be used for a variety of functions: noise buffers, aesthetics, active and passive recreations, wildlife conservation, flood control, groundwater recharge, and pedestrian and bicycle trails.

4.

The amount of open space provided should be predicated on the amount needed to effectively perform the function for which it is intended. For example, small pockets of open space are not adequate as active recreational areas. An area large enough to support a sports court is more appropriate to perform that function. Open space buffers should also be large enough to achieve the desired goals of reducing noise.

5.

Significant natural areas of high historic, cultural or scenic value, hazard areas, and other areas not suitable for development should be preserved as parts of a comprehensive open space system with adequate provisions for control, operation, and maintenance.

6.

Valuable natural resources such as waterways or trails and bike paths, that have been damaged or improperly used in the past shall be restored.

7.

Open space for recreation or social activities should be of minimum slope (less than ten percent), take advantage of available sunlight, and be buffered from the noise and traffic of adjacent streets or other incompatible uses.

8.

Dual use of drainage basins/recreation area are encouraged.

I.

Landscaping. Landscaping should:

1.

Enhance the environmental value and physical appearance of the development.

2.

Improve the environmental performance of the development by reducing heat, glare, and noise; promoting the percolation of storm water and recharging of groundwater; aiding in improving air quality; and buffering potentially incompatible uses from one another.

3.

Promote the conservation of water and preservation of water quality through the use of drought tolerant plant material in landscaping and the retention of existing natural vegetation, thereby reducing the need for irrigation, pesticides, herbicides, and fertilizers.

J.

Circulation.

1.

Street improvements, including fencing, sidewalks, signs, pathways, and lighting should be designed commensurate with their function, scale, and type of development to help create a sense of identity and individual character for each development.

2.

In addition to sidewalks, pedestrian paths and bicycle trails should be integrated into the circulation plan for each development.

K.

Parking.

1.

Parking lots and cars shall not be the dominant visual elements of a development site. A number of small parking areas separated by buildings and landscaping are preferable to a single large parking lot. The interiors of parking lots should also be landscaped with both shade trees and shrubs.

2.

Parking lots adjacent to and visible from public streets shall be screened through the use of rolling earth berms, low screen walls, and changes in elevation and landscaping.

3.

For security reasons, parking spaces should be visible from the interior of structures, especially entrances.

4.

The minimum number of parking spaces shall be provided as indicated in Chapter 17.63 of the zoning code, unless it can be demonstrated that other standards should apply.

L.

Lighting.

1.

Lighting should be used to provide illumination for the security and safety of onsite areas such as parking, loading, pathways, and work areas.

2.

The design of light fixtures and their structural supports shall be architecturally compatible with the main structures in the development and shall not impact adjacent properties.

M.

Signs.

1.

There should be an overall signage plan for the development. Signs should be compatible with buildings and site design within the development relative to color, materials, placement, function, size, and height.

2.

The design, size, and location of all signs shall comply with Chapter 17.69 of the zoning code.

N.

Equipment Storage. Outdoor storage, trash enclosures, loading, and equipment areas, including roof-top equipment, shall be screened from public view.

O.

Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 721, 3-27-1995; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)