City Of Industry City Zoning Code
CHAPTER 17
24 PLANNED DEVELOPMENT OVERLAY ZONE P-D OVERLAY
§ 17.24.010 Intent and purpose.
It is the intent and purpose of the planned development overlay zone to:
A.
Establish a procedure for the development of large parcels of land in order to reduce or eliminate the rigidity, delays, and inequities which would otherwise result in application of land use regulations and administrative procedures designed primarily for smaller parcels;
B.
Provide the developer with greater flexibility in site design, density and development options in order to stimulate variety and innovation within the framework of a quality environment;
C.
Ensure orderly and thorough planning and review procedures that will result in quality planned developments;
D.
Provide a mechanism whereby the city may authorize desirable developments in conformity with the general plan without inviting speculative rezoning applications, which if granted, do not necessarily result in construction of the proposed facilities.
(Ord. 542 § 10, 1987; Ord. 545 § 1, 1988)
§ 17.24.020 P-D overlay zone created.
There is created on all property within the boundaries of the city, a planned development overlay zone to provide for large-scale development and diversification in the location of structures and other site qualities while ensuring compliance with the general plan and compatibility with existing and future developments in surrounding areas.
(Ord. 542 § 10, 1987; Ord. 545 § 1, 1988)
§ 17.24.030 Uses permitted.
A.
All uses permitted in the underlying industrial and commercial zones shall be permitted without public hearing pursuant to this chapter, provided that the applicable requirements contained in this title are met.
B.
The following uses shall be permitted pursuant to a planned development approved by the city council pursuant to this chapter:
1.
All uses permitted in the commercial zone may be permitted in a plan of development;
2.
All uses permitted in the industrial zones may be permitted in a plan of development;
3.
Hotel and motel uses may be permitted in a plan of development;
4.
Recreational uses, such as parks, golf courses, theaters, amusement parks, pavilions, tennis courts, equestrian facilities, pools, health clubs, cultural/historical museums, athletic gymnasiums/fields, botanical gardens, bowling alleys, ice skating/roller skating rinks or other recreational facilities, may be permitted in a plan of development.
(Ord. 542 § 10, 1987; Ord. 545 § 1, 1988)
§ 17.24.040 Minimum area.
The minimum area for a planned development shall be one hundred and fifty acres.
(Ord. 542 § 10, 1987; Ord. 545 § 1, 1988)
§ 17.24.050 Application.
Any property owner(s) or representative of such property owner(s) desirous of obtaining approval to proceed with a planned development shall file an application for the approval of a plan of development with the city, which shall be accompanied by a fee in the amount of two thousand five hundred dollars. The application shall be accompanied by the following:
A.
Conceptual site plans showing the dimensions and locations of all proposed structures, buildings, streets, parking, yards, playgrounds, school sites, open spaces, walls or fences, and other public or private facilities. The plan shall include a statement of. all uses proposed to be established and the location of each use;
B.
Elevations or architectural drawings showing, for each different type of building or structure, the design of all exterior walls and structures and the size, materials, colors and architectural treatments thereof, and the size and spacing of windows, doors and other openings;
C.
Preliminary drainage and grading plans;
D.
Preliminary landscaping plans;
E.
Proposed site development standards for all commercial, industrial, lodging and recreational site uses;
F.
Any other information or plans which the city may reasonably require, or which the applicant wishes to supply for the purpose of determining that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title.
(Ord. 542 § 10, 1987; Ord. 545 § 1, 1988)
§ 17.24.060 Procedure.
Upon receipt in proper form of any such application and plans, the city shall review such application and plans and, within thirty days of such receipt, determine, if such application and plans are complete. If the application or plans are determined not to be complete, then the city shall so notify the applicant and shall take no further action until a complete application and set of plans are submitted by the applicant. When the application and plans are determined by the city to be complete, it shall proceed in accordance with Section 17.24.070.
(Ord. 542 § 10, 1987; Ord. 545 §§ 1, 2, 1988)
§ 17.24.070 Hearings-Notice.
Following the determination that the application and plans are complete, the planning commission shall, not less than twelve nor more than sixty days thereafter, hold a public hearing on the proposed plan of development. Notice of the planning commission's hearing shall be given pursuant to Government Code Section 65090 and, if the proposed plan of development includes uses other than those permitted in the underlying industrial or commercial zone(s), notice shall also be given pursuant to Government Code Section 65091. Prior to the hearing, the city shall, where applicable, obtain the determination of the Industry urban development agency as provided for in Section 17.24.090. The planning commission may recommend denial, approval, or conditional approval of the plan of development in accordance with the standards set forth in Section 17.24.080 of this chapter. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing, giving notice of such hearing pursuant to Government Code Section 65090. However, if the planning commission has recommended denial of the proposed plan of development, the city council shall not be required to take any further action on such plan of development unless the applicant requests a hearing by filing a written request with the city clerk within ten days after the mailing to applicant of written notice of such recommendation for denial.
(Ord. 542 § 10, 1987; Ord. 545 §§ 1, 2, 1988)
§ 17.24.080 Standards.
A.
Prior to approval of any such application, the city council shall hold a public hearing on the application and plan of development, and may approve or conditionally approve such application if it finds that the following standards are met:
1.
The proposed development and uses must be consistent with the goals, policies and purposes of the general plan.
2.
The site must be adequate in size, shape, topography, location and utilities to accommodate the proposed development and uses.
3.
There must be adequate street access, traffic circulation and parking capacity for the proposed development and uses.
4.
The proposed development and uses must be compatible with surrounding properties and uses.
5.
The proposed development and uses must not be detrimental to the public health, safety or general welfare.
B.
In the event that the city council approves a proposed plan of development, the council may impose any conditions related to the proposed development and use which it deems necessary to further the purposes and intent of this title, or to protect the public health, safety and general welfare. The council may continue its public hearings from time to time if it deems such action to be appropriate. The decision of the city council shall be final and conclusive.
(Ord. 542 § 10, 1987; Ord. 545 § 1, 1988)
§ 17.24.090 Review by Industry urban development agency.
When the property which is the subject of the application is located in a redevelopment project area of the Industry urban development agency (hereinafter "agency"), the agency shall, prior to the council's determination, review the application for the sole purpose of determining whether the proposed use is consistent with the provisions of the applicable redevelopment plan. The agency shall cause written notice of its determination to be communicated to the city council prior to the council's consideration of the application. In the event the plan of development is determined by the agency to be materially inconsistent with the applicable redevelopment plan, then the council shall not approve the plan of development unless such inconsistency is eliminated by the imposition of appropriate conditions or otherwise.
(Ord. 542 § 10, 1987; Ord. 545 § 2, 1988)