A. Uses permitted in a PCD zone used as a combining zone are those uses permitted by the base zone with which the PCD zone is combined.

B. Uses for land classified as being within a PCD zone are as follows:

C. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony with each other and serve to fulfill the intent and purposes of the planned commercial development. (Ord. 4542 § 2, 2008; Ord. 4305 § 2, 2006; Ord. 4009 § 2, 2001; Ord. 3752 § 1, 1997; Ord. 3656 § 2, 1995)

A. When the PCD zone is to be assigned as an exclusive zone classification, the zone change application shall include the following:

B. When the PCD zone is used as a combining zone, the zone change application is not required to include development plans. Development plans as indicated in subsections (A)(1) through (A)(4) and (A)(6) shall be required prior to approval of a subdivision map pursuant to Section 16.28.170(O) or prior to issuance of a building permit as appropriate, and shall be considered at an advertised public hearing before the planning commission. A complete application and fee shall be required. The application and fee shall be the same as that for a site plan review hearing. The hearing shall constitute the review and approval of the preliminary development plans. Modifications to approved plans will be subject to the provisions set forth in Section 17.54.100.

C. When the PCD zone is used as a combining zone, approval of development plans by the planning commission is final. If appealed, development plans shall be presented to the city council for final action at a noticed public hearing in accordance with Section 17.64.050(B). (Ord. 4305 § 3, 2006; Ord. 4009 § 2, 2001; Ord. 3835 § 31, 1998; Ord. 3656 § 2, 1995)

A. Pursuant to Chapter 17.64 of this code regarding zone changes.

B. If the application is approved by the city council, the zoning map of the area shall be changed by identifying the area with the map symbol PCD. If the PCD zone is approved as a combining zone, the base zone shall be identified, followed by the map symbol PCD (Example: C2/PCD).

C. The preliminary development plan as approved with a PCD exclusive zone, shall be filed with the city and shall, by reference, be incorporated into and thereby become a part of the zoning ordinance of the city.

D. After the effective date of the ordinance change to an exclusive PCD zone, no building or structure shall be erected, moved or altered on the subject property except when in compliance with the final development plan as approved by the site plan review committee. (Ord. 4009 § 2, 2001; Ord. 3903 § 5, 1999; Ord. 3656 § 2, 1995)

A. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the planning commission and city council.

B. Procedure. The final development plan for a building permit shall be submitted and processed the same as required for a final site plan pursuant to Section 17.08.080B5. The site plan review committee shall review the plan for substantial compliance with the approved preliminary plan and satisfaction with all conditions set forth in the city council’s final decision. In instances where the planning commission desires to review the final plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval. (Ord. 4009 § 2, 2001; Ord. 3903 § 7, 1999; Ord. 3874 § 2, 1998; Ord. 3835 § 31, 1998; Ord. 3656 § 2, 1995)

A. Height limitations or any bulk requirements of buildings or structures, lot and yard requirements and distances between buildings;

B. Percent coverage of land by buildings and structures;

C. Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;

D. Limitations upon the size, design, number, lighting and location of all signs;

E. The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

F. Construction of fences and walls;

G. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

H. Location and size of off-street loading areas and docks;

I. Uses of buildings and structures by general classification and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property or of other property in the development;

J. Architectural design of buildings and structures;

K. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof,

L. Requiring of performance bonds to insure development as approved;

M. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscape plan;

N. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the city. (Ord. 4305 § 4, 2006; Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)

A. The proposed planned commercial development zone and preliminary development plan is consistent with the general plan and objectives of this ordinance;

B. The proposed development will constitute a commercial environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community;

C. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, landscaping and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided on the property. (Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)

A. When the PCD zone is assigned as an exclusive zone, the following shall apply:

B. When the PCD zone is used as a combining zone, no status review or other notification shall be required. Approved preliminary plans shall be subject to the same time periods as an approved site plan (Section 17.08.080D). If more than one preliminary development plan is approved for a site, the most recent approval shall supersede all previously approved plans. (Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)

A. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan.

B. The flexibility of code requirements ordinarily required in other zones permitted in any initial approval of a PCD zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modification.

C. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 17.54.070 can be made.

D. The planning director shall have the authority to administratively approve minor changes, modifications, alternations, deviations, or substitutions to an approved preliminary development plan with respect to colors, materials, architectural elevations, landscape plans and other physical changes of a similar nature provided any such change does not alter any use, environmental mitigation measure, condition of approval or substantially affect the basic character of the architecture or landscape architecture as established in the planning commission or city council’s approval of the project. Such minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan shall be reported to the planning commission at its next regular meeting. At that time, the planning commission may accept the planning director’s report, may further modify the planning director’s approved changes or may direct staff to set the matter for hearing in accordance with the provisions of Chapter 17.64 of this code. (Ord. 4009 § 2, 2001; Ord. 3903 §§ 6, 8, 1999; Ord. 3874 § 1, 1998; Ord. 3656 § 2, 1995)

A. All common areas, if any, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and any improvements listed in Section 16.32.060 of the subdivision regulations of the city which are not dedicated and accepted may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the city.

B. Where ownerships are to be separate, such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the original owner or owners; articles of incorporation to be filed with the Secretary of State forming a corporation or association, which shall include provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds incorporating the declaration by reference to its recording data.

C. All documents must be referred to the city attorney for review and have the approval of the planning director as to their sufficiency to accomplish their purpose.

D. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance. (Ord. 4009 § 2, 2001; Ord. 3656 § 2, 1995)