Davis City Zoning Code
ARTICLE 40
22 PLANNED DEVELOPMENT P-D DISTRICT
§ 40.22.010 Purpose of article.
The purpose of the planned development district is to allow diversification in the relationship of various buildings, structures and open spaces in order to be relieved from the rigid standards of conventional zoning. A planned development district shall comply with the regulations and provisions of the general plan and any applicable specific plan and shall provide adequate standards to promote the public health, safety and general welfare without unduly inhibiting the advantages of modern building techniques and planning for residential, commercial or industrial purposes. The criteria upon which planned development districts shall be judged and approved will include the development of sound housing for persons of low, moderate and high income levels, residential developments which provide a mix of housing styles and costs, creative approaches in the development of land, more efficient and desirable use of open area, variety in the physical development pattern of the city and utilization of advances in technology which are innovative to land development.
(Ord. 716 § 1)
§ 40.22.020 Applicability.
The planned development (P-D) district shall be applied to parcels of land of any size which are deemed suitable for the proposed development. Any such proposed development shall be in conformity with the general plan and any applicable specific plan and the requirements of this chapter as they relate to land use designated in the general plan.
(Ord. 716 § 1)
§ 40.22.030 Regulations established.
The specific regulations and the general rules set forth in this article shall apply in all planned development districts; provided, however, that all uses and development plans in the P-D zone shall also be subject to other provisions of this chapter; except, that where conflict in regulations occurs, the regulations specified in this article shall prevail.
(Ord. 716 § 1)
§ 40.22.040 Initiation of zone change.
An application for a zoning amendment under this article may be initiated in accordance with Section 40.36.020 by the city council, planning commission or one or more of the property owners.
(Ord. 716 § 1)
§ 40.22.050 Procedure for applying for district generally.
(a)
Application for a planned development district (hereinafter sometimes referred to as P-D) shall be submitted as two separate applications as provided in this article. Such applications are described as the preliminary application and the final application. Except as otherwise provided in this article, an application for a P-D zone shall be treated as any other amendment to this chapter.
(b)
When an application for a planned development district is initiated by the city council and/or the planning commission, the following criteria shall apply:
(1)
The processing of zoning amendments by the city council and/or planning commission shall be treated as if the application has been filed with the community development and sustainability department by the property owner.
(2)
The preliminary development plan shall designate land use classifications, development densities and street circulation patterns. Other data required for a preliminary application hereinafter described may be included. Such data normally will be developed in cooperation with the landowner.
(3)
No fee shall be charged for applications initiated by the city council or planning commission.
(Ord. 716 § 1)
§ 40.22.060 Contents and approval of preliminary application.
(a)
An application for a planned development district shall include a preliminary development plan which, if approved by the city council, shall become a part of the zoning map of the city. The preliminary application shall contain the following basic information; where applicable; provided, that the planning commission or city council may require such additional information as is deemed reasonably necessary to properly interpret and evaluate such application:
(1)
Topography of the land and contour intervals and all existing natural features of the land.
(2)
Proposed street layout and lot design, off-street parking and loading zones. This should include proposed circulation of vehicles, goods, pedestrians and bicycles. Any special engineering features and traffic regulation devices needed for public safety shall be shown.
(3)
Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or semipublic buildings and other such uses.
(4)
Land uses proposed for the zone.
(5)
An enumeration of anticipated differences between zoning ordinance standards and the proposed plan.
(6)
A detailed calculation of density. The calculation shall be made by dividing the number of net acres into the total number of units. Net acres is defined as all that land within the subject parcel, excluding all public and private streets, neighborhood parks and public greenbelts.
(7)
A variety of well designed dwelling and building types is encouraged. Residential lot sizes for proposed single-family detached dwelling units may be reduced to less than the standards for conventional zoning if drawings are submitted which show that the relationship of interior and exterior living or working area is desirable and adequate.
(8)
Preliminary elevations and/or perspective drawings of all proposed structures. Such drawings need not be detailed. The purpose of such drawings is to indicate with reasonable clarity the height of proposed buildings and the general appearance of the structures.
(9)
A preliminary study of facilities required such as drainage, sewage and public utilities.
(10)
A preliminary detailed description of housing prices.
(11)
A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Section 37.01.020, and Sections 37.03.010, 37.03.020, and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site that may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).
(b)
If the city council finds that such application is in conformity with the general plan, and the intent of this article, and that the property is suitable for the proposed development, it may approve such application. If such application is not in such conformity, the application shall not be approved. Approval of a preliminary application shall not necessarily require the approval of the final application and shall not preclude revisions to the final P-D as appropriate.
(c)
No transfers of density shall be allowed to or from any property beyond the boundaries of the property subject to the application or contiguous master plan where appropriate.
(d)
Full compliance with the environmental review process should be completed no later than the time of hearing the preliminary application before the planning commission.
(Ord. 716 § 1; Ord. 2020 § 4, 2000; Ord. 2099 § 4, 2002; Ord. 2113 § 1, 2003; Ord. 2390 § 3, 2012)
§ 40.22.070 Permitted uses prior to approval of final application.
During review of applications for P-D zoning and prior to approval of a final application, no uses of the property subject to such application shall be allowed other than principal permitted uses allowed in an agricultural (A) district, or the principal uses of the property existing at the time of the planned development application. No building permit for new structures, other than accessory uses, shall be permitted during such application period.
(Ord. 716 § 1)
§ 40.22.080 Final application-Submission.
The final application may be submitted any time subsequent to approval of the preliminary application by the city council. A public hearing shall be held on the application. Notice of such hearing shall be given by sending written notice to all property owners within five hundred feet of the property for which the application has been made. Such notices shall be mailed not less than five days prior to the hearing. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.
Final planned development applications which are not being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the planning commission. Final planned development applications which are being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the city council after review and recommendation by the planning commission.
(Ord. 716 § 1; Ord. 1859 § 15; Ord. 2165 § 1, 2004)
§ 40.22.090 Final application-Contents-Approval.
(a)
The final application shall contain the following data and information, where applicable; provided, that the planning commission may require such additional information as is deemed reasonably necessary to properly interpret and evaluate such application:
(1)
Access, traffic, bicycle and pedestrian ways and easements, including location grades, widths of all streets, location and size of all utilities, drainage structures, regrading and other improvements.
(2)
Types and/or areas for commercial uses, off-street parking, multiple-family dwellings and other uses to be established within the district.
(3)
Locations of buildings on the land, including all dimensions necessary to indicate size of structure, setbacks and yard areas, including existing buildings. Relationship of buildings to nearest off-site development in all directions shall be shown.
(4)
Landscaping, fencing and screening.
(5)
Elevations and/or perspective drawings as submitted with the preliminary application.
(6)
Description of all open areas and a statement disclosing the means whereby such open space shall be provided for public use and preserved.
(7)
Statement setting forth a program for installation and maintenance of parking areas, lighting, landscaping, private grounds, streets, utilities and open areas.
(8)
Proposed tentative subdivision map or parcel map if property is proposed to be divided.
(9)
Description of all phases of development and estimated timing for completion of phases and total project.
(10)
A site plan shall be submitted that accurately depicts the location of all trees of significance or landmark trees on the site, as defined in Section 37.01.020, and Sections 37.03.010, 37.03.020, and 37.03.050, including the type of tree and diameter of the tree at breast height (DBH). At the discretion of the community development and sustainability department in coordination with the community services director, an arborist's report may be required for any tree(s) on the site which may be affected by the proposal in order to determine whether the proposal will damage the existing tree(s).
(b)
If the planning commission finds that such application is in conformity with the general plan and the intent of this article, it may approve the application. If such application is not in such conformity, the application shall not be approved.
(Ord. 716 § 1; Ord. 2020 § 5, 2000; Ord. 2099 § 5, 2002; Ord. 2390 § 3, 2012)
§ 40.22.100 Time limit on planned developments.
The approval of a final planned development plan shall become null and void if substantial construction in good faith reliance on the approval has not commenced within an eighteen-month period subsequent to such approval.
Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing that circumstances and conditions upon which the final P-D was approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.
Notwithstanding such extension, the holder of a final planned development may request tolling of the term for which the final planned development is valid due to litigation challenging the issuance of the permit. The tolling request must be submitted in writing to the director prior to the expiration of the term of the permit. The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.
If the owner of property in a P-D district has failed to commence substantial construction in good faith reliance on the approval, the planning commission may initiate proceedings to rezone the P-D district or amend the development plans as necessary.
(Ord. 716 § 1; Ord. 1847 § 1; Ord. 2390 § 2, 2012; Ord. 2572 § 18, 2020)
§ 40.22.110 Review and findings.
In order to grant a final planned development application, the planning commission or city council shall find that the following are true:
(a)
The property owner can commence substantial construction within three years from the date of the final planned development approval and intends to complete the construction within a reasonable time.
(b)
The proposed development conforms to the general plan and any specific plans approved for that area by the city.
(c)
Any residential development shall constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood. The applicant shall demonstrate that sites for public facilities are adequate to serve the anticipated population and that standards for open space are at least equivalent to standards otherwise specified in this chapter.
(d)
Any industrial and research uses shall be appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create an industrial or research environment of sustained desirability and stability and such development shall meet performance standards established by this chapter.
(e)
Any institutional, recreational and other similar nonresidential uses shall be appropriate in area, location and overall planning for the purpose proposed and surrounding area shall be protected from any adverse effects from such development.
(f)
The auto, bicycle and pedestrian traffic system shall be adequately designed to meet anticipated traffic and shall be so designed to provide the minimum amount of interference with each other.
(g)
Commercial development can be justified economically at the location proposed and that adequate commercial facilities of the types proposed will be provided.
(Ord. 716 §1; Ord. 1859 § 16; Ord. 2677, 11/4/2025)
§ 40.22.120 When deemed established-Designation on zoning map.
A P-D district shall be established as of approval of the preliminary application by the city council and shall be designated on the official zone map by the symbol "P-D" and by an identifying serial number. Such number shall refer to the preliminary development plans for the particular "P-D" zone.
(Ord. 716 § 1)
§ 40.22.130 Permitted uses.
(a)
The principal permitted uses of land in a P-D district shall be any use or combination of uses shown on the approved preliminary development plan which are so arranged and designed to provide a development which is in conformity with the general plan and which is consistent with the requirements of this article.
(b)
Family and group day care homes as defined in Section 40.26.270.
(Ord. 716 § 1; Ord. 1198 § 5)
§ 40.22.140 Conditional uses.
Nursery schools and day care centers, subject to the provisions of Section 40.26.270
(Ord. 1377 § 7; Ord. 2677, 11/4/2025)
§ 40.22.150 Commercial residential uses in planned development zoning districts.
Commercial-residential uses within a single-family or two-family (duplex) dwellings which is situated on a planned development zoned property shall be subject to the provisions applicable to commercial-residential uses in R-1 and R-2 zones.
(Ord. 1419 § 10)
§ 40.22.160 Height, area, lot and yard requirements.
All uses in a P-D district shall conform to the height, area, lot and yard and other standards normally required for such uses, except where the total development will be improved by deviation from these standards and such deviations are identified as previously set forth herein.
(Ord. 716 § 1; Ord. 2677, 11/4/2025)
§ 40.22.170 Revisions in final planned development application.
No deviation of substance from an approved final P-D shall be permitted. Minor revisions consistent with the approved final development plans may be approved by the planning commission or city council. Revisions to final planned developments which are not being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the planning commission. Revisions to final planned developments which are being processed concurrently with land use applications requiring city council action may be approved, conditionally approved, or denied by the city council after review and recommendation by the planning commission.
Such revisions may be approved only if the following findings are made:
(a)
The action is consistent with the intent of the general plan and zoning.
(b)
The action has no adverse impact upon the owners of surrounding properties.
(c)
The proposed use is appropriate in area, location, and overall planning for the purpose intended, and the design and development standards shall create an environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood.
Any change which is determined to be a substantial change may be approved only through rezoning the property. Properties in planned development zones may also be granted variances or conditional use permits as established in Articles 40.33 and 40.30 of this chapter. |
For the purposes of this section, "substantial change" means any change in land usage, elimination, addition, or rerouting of streets, highways, or any other change materially affecting the approved plan. |
(Ord. 716 § 1; Ord. 1627 § 34; Ord. 1768 § 2; Ord. 1859 § 17)
§ 40.22.180 Public hearing and notice.
The planning commission shall hold a public hearing on any proposed ordinance to rezone a property to planned development. Notice of such hearing shall be given by sending written notice to all property owners within five hundred feet of the property for which the application has been made. Such notices shall be mailed not less than twenty days prior to the hearing. Failure of owners to receive notice of such hearing shall in no way affect the validity of any action taken.
(Ord. 1329 § 2; Ord. 1859 § 18; Ord. 2165 § 2, 2004; Ord. 2677, 11/4/2025)
§ 40.22.190 Revocation.
(a)
In the event of a violation of any of the provisions of zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the planning commission may, after public notice and hearing, revoke any final planned development. In case of revocation of a final planned development, the determination of the planning commission shall become final fifteen days after the date of decision unless appealed to the city council.
(b)
Procedures used in considering a revocation of a final planned development shall be consistent with those of granting a final planned development as detailed in Section 40.30.010 et seq.,
(Ord. 1329 § 4)
§ 40.22.200 Effect of appeal on tentative subdivision map.
If a final planned development application is processed concurrently with a tentative subdivision map either with four or less parcels or five or more parcels and action on such map is appealed, the final planned development application action shall automatically be considered appealed. The appeal of both items shall be heard concurrently.
(Ord. 1416 § 1; Ord. 1507 § 4)
§ 40.22.210 Applicability of amendment.
Any amendment to designate a land use as either permitted or conditional in a standard zone within Chapter 40, shall also be applicable to an adopted planned development with the same standard zone. No formal amendment to the planned development shall be required unless said land use designation was purposefully placed by the city council and the land use designation was not as the standard zone was written at the time the planned development was originally adopted.
(Ord. 2572 § 18, 2020)
