Fairfax City Zoning Code
CHAPTER 17
112: PDD PLANNED DEVELOPMENT DISTRICT ZONE
§ 17.112.010 PURPOSE.
(A) The purposes of the PDD planned development district include the following:
(1) To encourage development of parcels sufficiently large as to permit comprehensive site planning and building design;
(2) To provide a more flexible regulatory procedure by which the basic public purposes of this title may be accomplished;
(3) To encourage variation in siting of buildings and the appropriate mixing of several land uses, activities and dwelling types;
(4) To enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities;
(5) To conserve natural features; and
(6) To promise and create public and private open space as an integral part of land development design.
(B) These purposes are to be ensured through the preparation and submission of comprehensive development plans showing proper site layout, design character and integration with the surroundings; and through the Planning Commission’s careful review of the plans.
(Prior Code, § 17.58.010) (Ord. 352, passed - -1973)
§ 17.112.020 GENERAL REQUIREMENTS FOR A PLANNED DEVELOPMENT.
(A) Five acres or more may be considered a planned development for purposes of this chapter, provided the property is owned, or its development controlled, by a single individual or legally constituted corporation or partnership.
(B) In the case of property in various ownerships, all parties owning and controlling property in the area to be developed shall become parties to a legal agreement binding them to abide by the planned development plan, as approved, with the agreement to run with the land as a condition of future use, sale or lease.
(C) The development shall be initiated and completed by the applicant, or joint applicants, as the case may be.
(D) (1) Unless otherwise provided in the approval of the Planning Commission, the developer may divide and transfer units of the development.
(2) The transferee shall complete the development and shall use and maintain it, in strict accordance with the development plan as approved by the Planning Commission and Town Council.
(E) (1) All the provisions of this title are supplementary to all subdivision regulations of the town.
(2) An application for approval of a tentative subdivision map of lands zoned PDD shall not be accepted, except in conjunction with the concurrent filing of a precise development plan under § 17.112.120.
(3)
No tentative subdivision map shall be approved prior to the approval of a precise development plan for the property covered by the tentative map. The tentative map and precise development plan applications shall be processed concurrently.
(F) Any project proposed on a property zoned PDD or proposed for rezoning to PDD, where any portion of the project site meets one or more of the categories contained in the Hill Area Residential Development Overlay Zone applicability § 17.072.020 (A)(1) through (4), (B) and (C), shall also be subject to obtaining a Hill Area residential development permit from the Planning Commission. The Hill Area residential development permit application shall be processed concurrently with the Planned Development District application and any associated applications. Required HRD development permit application submittal information shall be provided at the time of the initial PDD application submittal.
(Prior Code, § 17.58.020) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 845, passed 2-5-2020)
§ 17.112.030 GENERAL STANDARDS AND REQUIREMENTS.
(A) The following provisions shall apply in a planned development district, together with all other applicable provisions of the town zoning and subdivision ordinances. Where conflict in regulation occurs, the regulations specified in this chapter or on a development plan approved pursuant to this chapter shall apply:
(1) No planned development district shall include less than five acres of contiguous land unless the Planning Commission and Town Council find that property of less than five acres is suitable as a planned development district by virtue of its unique historical character, topography, landscaping features or other special characteristics as may be determined by the Planning Commission.
(2) A planned development district shall be established by an ordinance adopted by the Town Council after a recommendation by the Planning Commission, in accordance with §§ 17.004.030 through 17.004.120 of this title. Whenever a planned development district has been established, its boundary shall be indicated on the zoning maps of the town.
(3) Where contiguous properties proposed for a planned development in accordance with the provisions of this chapter are under separate ownership, written consent of all participating property owners shall be filed with the Planning Director before any application for a planned development can be accepted by the town.
(4) Standards for area, coverage, light and air orientation, site planning, density, yard requirements, open spaces, parking and screening shall be governed by the standards of the residential, commercial or industrial zoning district(s) most similar in nature and function to the proposed planned development district (PDD) use(s), or by standards which the Planning Commission shall by resolution from time to time adopt.
(5) All electrical and telephone facilities, fire alarm conduits, street light wiring and other wiring conduits or facilities shall be placed underground by the developer. Electric and telephone facilities shall be installed in accordance with standard specifications of the serving utilities.
(6) Within any planned development district, no proposed use or structure that constitutes a formula business or formula restaurant, as those terms are defined in § 17.040.210, shall be approved or allowed to operate without first obtaining a use permit in compliance with Article II of Chapter 17.040.
(B) Standards for public improvements shall be governed by applicable ordinances and laws of the town.
(C) Exceptions to standards adopted by the Planning Commission may be granted by the Planning Commission and Town Council only in cases where these bodies find that the exceptions encourage a more desirable environment and are warranted in terms of the total proposed development or a unit thereof.
(Prior Code, § 17.58.030) (Ord. 352, passed - -1973; Am. Ord. 493, passed - -1982; Am. Ord. 787, passed 3-4-2015)
§ 17.112.040 RESIDENTIAL DENSITY POLICY.
(A) Conformance to the general plan. All projects must conform to the adopted General Plan or to any accepted specific plan applicable to the area under consideration.
(B) Residential density. A maximum residential density shall be established based upon average slope, as set forth in the following table:
Average Slope | Maximum Residential Density |
30% and greater | 1 dwelling unit/10 acres |
20 to 29.9% | 1 dwelling unit/5 acres |
10 to 19.9% | 1 dwelling unit/2 acres |
A density shall be further limited by site conditions including natural resources, topographic and geological conditions and by the level of public services and road conditions that can reasonably be provided.
(C) Planning Commission determination. The Planning Commission shall consider the following criteria in further limiting density.
(1) Extent of lands which are hazardous to life and property due to soils, geological, seismic or hydrological factors unless the hazards can be mitigated by minor modifications to existing land forms and vegetation. These determinations must be based on the analysis of a licensed engineering geologist and/or civil engineer specializing in soils problems and hydrologist;
(2) The number of safe building sites which exist on the property;
(3) The cumulative impact of the development on existing circulation and drainage systems.
(D) Gross acreage calculation.
(1) Density shall be set for gross acreage. Hazardous lands may be excluded from the building area, but will be included in the calculation of gross density per acre.
(2) In cases where a portion of the property falls within two different categories in the General Plan, the Planning Commission shall determine an aggregate density based on the percentage of gross acreage in each category.
(Prior Code, § 17.58.040) (Ord. 352, passed - -1973; Am. Ord. 493, passed - -1982; Am. Ord. 827, passed 2-6-2019)
§ 17.112.050 PRELIMINARY DEVELOPMENT PLAN.
(A) (1) Approval, in principle, of the preliminary development plan shall be limited to the general acceptability and intensity of land use proposed and their interrelationship and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility.
(2) A preliminary development plan and text shall be prepared by or under the direction of a licensed architect or a licensed building engineer, a registered landscape architect or, in the case of an area in excess of 20 acres, by a team including a licensed architect or licensed building engineer, a registered landscape architect and a qualified urban planner. (A qualified urban planner shall be defined as a planner holding an associate or full membership in the American Institute of Planners or a planner authorized by the state’s Planning Advisory Committee to work on comprehensive general plan programs in the state of California.)
(3) It shall include the following information presented in a general schematic fashion: a preliminary development plan of the entire proposed development showing land uses and general configuration of parcels or lots, traffic circulation, streets, driveways, sidewalks and pedestrianways and off-street parking.
(B) The applicant shall, at the time of filing the preliminary development plan, pay a filing fee in accordance with a schedule of fees adopted by resolution of the Town Council.
(Prior Code, § 17.58.050) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)
§ 17.112.060 MASTER DEVELOPMENT PLAN.
(A) (1) Within one year of the approval of the preliminary development plan by the Planning Commission, or extension by the Planning Commission, the applicant shall submit ten copies of a master development plan, conforming in all major respects with the approved preliminary development plan.
(2) The preliminary development plan shall expire and be of no further effect or benefit if a master development plan is not submitted within the one-year period or if an extension is not approved.
(B) The final plan shall include all elements included in the preliminary development plan, plus the following.
(1) Survey of the property showing existing features including trees, structures, streets, easements, utility lines, land uses, existing zoning and existing ownerships; (The information also to be provided for the surrounding area within 100 feet of the proposed development.)
(2) Master plans for street improvements, water, sewerage, flood control, draining facilities and public utilities;
(3) Site, building and landscaping plans and elevations in a detail sufficient to fully illustrate the proposal;
(4) Grading plans;
(5) Character, general design and location of signs, street lighting and street furniture;
(6) Description of design principles for buildings and streetscapes;
(7) Tabulation of land uses;
(8) Tabulation of number of dwelling units by type for each increment of the total master plan and the estimated population per increment;
(9) Proposed standards for height, open space, building, intensity and public improvements; and
(10) Engineering and economic feasibility studies as necessary.
(C) Copies of legal documents required by the Planning Commission for dedication or reservation for group or private open space, or for the creation of a non-profit homes association shall also be submitted.
(D) The applicant shall submit evidence that he or she has sufficient control over the land to execute the proposed plan.
(E) The final plan shall be prepared by or under the direction of a licensed architect, and a registered landscape architect, or in the case of an area in excess of 20 acres, by a team including an architect, landscape architect, qualified urban planner and registered civil engineer or licensed land surveyor.
(F) The applicant shall, at the time of filing the master development plan, pay a filing fee in accordance with a schedule of fees adopted by resolution of the Town Council.
(Prior Code, § 17.58.060) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)
§ 17.112.070 MASTER DEVELOPMENT PLAN; TOWN ENGINEER’S REPORT.
(A) Upon receipt of the master development plan by the Planning Commission, the Planning Commission shall forward the development plan and original application to the Town Engineer for review, coordination with other affected town departments and public agencies, and approval of public improvements including streets, sewers and drainage.
(B) The Planning Commission shall not act finally on an application until it has first received a report from the Town Engineer, which report shall be returned to the Planning Commission within 30 days.
(Prior Code, § 17.58.070) (Ord. 352, passed - -1973)
§ 17.112.080 MASTER DEVELOPMENT PLAN; FINAL PLANNING COMMISSION ACTION.
Upon receipt of the master development plan in proper form, the Planning Commission, after giving notice pursuant to the provisions of § 17.004.070 of this title, shall hold a public hearing thereon. After the hearing, and after examining the plan for conformity to the preliminary development plan and all applicable criteria and standards, the Planning Commission may recommend approval subject to specified modifications and conditions. When the Planning Commission finds the proposed plan of development does not conform to the preliminary development plan or does not meet all applicable criteria and standards, it shall recommend denial of the application, giving its reasons therefor. The Planning Commission may permit the applicant to revise and resubmit the plan within 60 days following its action recommending denial.
(Prior Code, § 17.58.080) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
§ 17.112.090 MASTER DEVELOPMENT PLAN; APPROVAL CRITERIA, STANDARDS AND PROCEDURES.
Before recommending approval, the Planning Commission shall find that the proposed development conforms to the following criteria and to such other criteria as may be applicable to planned developments within the area in which the proposed development is located:
(A) The location and design of the proposed development shall be consistent with the goals and policies of the Fairfax General Plan and with any other applicable plans or policies adopted by the Town Council.
(B) The proposed location shall allow the development to be well integrated with its surroundings.
(C) All vehicular traffic generated by the development must be accommodated safely and without causing undue congestion upon adjoining streets.
(D) The proposed location and design shall allow residents and business establishments to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, the Planning Commission may require that suitable areas for schools, parks and playgrounds, pedestrianways or public open spaces be dedicated for public use, or reserved by deed covenant for the common use of all residents, establishments or operations in the development.
(E) The overall design of the proposed planned development shall produce an attractive healthful, efficient and stable environment for living, shopping or working.
(F) The development shall be well integrated with its settings, shall not require excessive earth-moving or grading, or destruction of desirable natural features, nor be visually obstructive or disharmonious with surrounding areas and facilities, and shall not substantially harm major views from adjacent properties.
(G) The uses proposed shall have a beneficial effect not obtainable under existing zoning regulations. Any departure from existing ordinance requirements shall be warranted by the design and the amenities incorporated in the development plan in accord with adopted policy of the Planning Commission and Town Council.
(H) Demonstration shall be made that each individual unit of development, and the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability.
(Prior Code, § 17.58.090) (Ord. 352, passed - -1973)
§ 17.112.100 MASTER DEVELOPMENT PLAN; TOWN COUNCIL ACTION.
(A) (1) The Town Council shall, after giving of public notice and the holding of a hearing as provided in § 17.112.080 of this chapter, approve or deny the master development plan.
(2) In overruling a Planning Commission recommendation for denial, the Town Council shall make the findings listed in § 17.112.090.
(B) Approval of the master development plan shall be by ordinance.
(C) Approval of the master plan shall include, but not be limited to the following stipulations.
(1) The development, maintenance and use of the property included in the master development plan shall be carried on in conformance with the approved plan drawings and documents; the developer shall substantially adhere to the state of development schedule submitted as part of the master development plan.
(2) Approval of the master development plan shall not be interpreted as waiving compliance with other provisions of this code.
(3) (a) The approved master development plan drawings and documents shall be filed in the office of the Town Clerk after written authorization for the filing has been secured from the owner or owners of the lands in question and prior to the second reading of the ordinance establishing the planned development district. The authorization shall be construed to constitute the owner’s acceptance of the provisions set forth in the master development plan ordinance.
(b) An agreement by the owner or owners agreeing to be bound by the conditions and regulations imposed by the Town Council shall be deposited with the Town Clerk prior to final adoption of the ordinance, to be held and recorded by the town cleric only after the effective date of the ordinance.
(4) No land shall be used or developed, and no building shall be constructed, maintained or used other than for the purpose specified on the approved master development plan drawings and documents, as filed.
(Prior Code, § 17.58.100) (Ord. 352, passed - -1973; Am. Ord. 493, passed - -1982)
§ 17.112.110 MASTER DEVELOPMENT PLAN; MODIFICATION OF PLAN.
Minor changes to an approved master development plan may be approved by the Planning Commission, provided the change is consistent with the purposes and character of the master development plan. The changes shall not change the densities heretofore established, nor the boundaries of the subject property, nor any use as shown on the approved master development plan, nor the location or amounts of land devoted to specific land uses. All modifications or amendments to an approved plan other than minor changes shall be processed as an original application and shall be subject to all applicable substantive and procedural requirements of the planned development procedure; provided that, the filing fee therefor shall be one-half the fee charged for filing an original application.
(Prior Code, § 17.58.110) (Ord. 352, passed - -1973)
§ 17.112.120 PRECISE DEVELOPMENT PLAN; APPLICATION.
(A) (1) Within one year following approval of the master development plan, the applicant shall submit to the Planning Commission an application for approval of a precise development plan for the first increment.
(2) Precise plan approval, valid for one year, shall be secured for each unit or increment of a planned development district as delineated on the master development plan.
(3) No development, improvement or building construction within any unit of the planned development area covered by the master development plan shall be commenced until the Planning Commission has approved a precise development plan for that unit.
(4) Precise plans shall set forth in detail specific features of each increment of development.
(5) They shall conform to the master development plan, and be prepared by a team including a licensed architect or a licensed building designer and registered landscape architect, and a registered civil engineer or licensed land surveyor, and shall consist of:
(a) A topographic map of sufficient detail to show all cut and fill banks, precise drainage and flood control and boundary survey data;
(b) Detailed site plan, showing buildings, area utilization and traffic and pedestrian circulation; location, widths, grades and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities and other public improvements; building heights and dimensions of space between buildings and distances from property lines and rights-of-way;
(c) A precise landscaping plan;
(d) A map showing division of the land for the sale of individual property, if any;
(e) Location and dimensions of public or semipublic areas, including, but not limited to schools, parks, playgrounds and parking areas,
(f) A statement setting forth a program for installation and continued maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds or public or semi-public community buildings and facilities; and
(g) Information necessary for evaluation and assignment of fire zone designations, including type of construction, where found necessary by the Planning Commission.
(B) Within 45 days following receipt of the application for precise development plan approval, and after public hearing noticed in the manner set forth in § 17.004.070 of this title, the Planning Commission shall approve or disapprove of the proposed precise development plan and shall notify the applicant of its action. Appeal may be made to the Town Council by the applicant in accordance with § 17.112.170 of this chapter.
(C) The applicant shall, at the time of filing the precise plan, pay a filing fee in accordance with a schedule of fees adopted by resolution of the Town Council.
(Prior Code, § 17.58.120) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978; Am. Ord. 493, passed - -1982; Am. Ord. 628, passed - -1994)
§ 17.112.130 PRECISE DEVELOPMENT PLAN; OPEN SPACE DEDICATION AND MAINTENANCE.
(A) The Planning Commission may as a condition of approval require that suitable areas for schools, parks and playgrounds be set aside, unproved, and dedicated for public use, or be reserved for the owners, residents and establishments in the development by deed restrictions.
(B) (1) Whenever group or common open space is provided, whether required or not, the Planning Commission may, as a condition of approval, require that an incorporated nonprofit homeowners’ association be established prior to any sale of land or facilities for the purpose of maintaining the open space.
(2) The association may also undertake other legal and proper functions. Agreements and covenants running with the land shall include provisions for automatic membership and charges to be levied for carrying out of the specified functions and administrative expenses.
(3) The association shall be responsible for levying, collecting and disbursing funds and for enforcement of the agreements.
(4) The agreements and covenants shall operate for a minimum of 20 years with a provision for automatic extension, except upon a majority vote for termination, upon which occasion the mutually owned properties will automatically go to public ownership.
(5) The town shall be a party of interest in any such development and may by mandatory injunction enforce the provisions in this section.
(C) To assure that open space shall be available for the entire developed planned development district, public sites and development rights to required open spaces shall be dedicated in advance of development. In any event, whether a subdivision map is required or not, dedication of public sites and development rights to required open spaces for the entire district shall be made before the building permit is issued.
(D) Other dedications for street, utility, flood control, rights-of-way and/or easements and other public purposes, may also be required before the issuance of the first building permit.
(Prior Code, § 17.58.130) (Ord. 352, passed - -1973)
§ 17.112.140 PRECISE DEVELOPMENT PLAN; PERFORMANCE BOND.
(A) As a condition precedent to approval of any precise development plan, the Town Council shall require the applicant to furnish a completion bond, or the cash equivalent, in an amount deemed sufficient by the Town Engineer to cover the cost of public improvements, common areas, incidental expenses, and to cover replacement and repair of existing streets and other improvements damaged in the development of the unit.
(B) All public improvements shall be constructed in accordance with the standard specifications of the town.
(Prior Code, § 17.58.140) (Ord. 352, passed - -1973)
§ 17.112.150 FINAL SUBDIVISION MAP.
(A) (1) No precise development plan or tentative map shall be approved under this chapter until the planned development district zoning has become effective.
(2) Disapproval of any precise development plan shall also constitute disapproval of any application for a tentative subdivision map for the property covered by the precise development plan.
(B) No building permit shall be issued until a final subdivision map, if required, has been recorded for the area covered by the precise development plan, or any approved stage thereof, in compliance with the town’s subdivision regulations.
(Prior Code, § 17.58.150) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991)
§ 17.112.160 TERM OF APPROVALS.
(A) If the applicant fails to submit a precise development plan for the first increment within one year of approval of the master development plan by the Town Council, or fails to record a final subdivision map to effectuate an approved precise development plan and/or fails to initiate development within two years after the precise plan approval, then actions taken by the Planning Commission and Town Council shall be rendered null and void.
(B) The failure shall be grounds for reversion to acreage of any recorded final subdivision map. The time limits may be extended upon mutual agreement by the Town Council and the applicant.
(Prior Code, § 17.58.160) (Ord. 352, passed - -1973; Am. Ord. 493, passed - -1982; Am. Ord. 605, passed - -1991)
§ 17.112.170 APPEALS.
(A) Within ten days following the date of a decision by the Planning Commission upon an application for approval of a precise development plan, or for approval of any modification or amendment of any authorized plan, or any condition imposed therein, an appeal may be taken to the Town Council by the applicant or the owner.
(B) (1) An appeal shall be made upon the form prescribed and shall be filed with the Town Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission, or wherein the decision is not supported by the evidence in the record.
(2) Upon receipt of the appeal, the Town Council shall set the time for consideration thereof. The Town Clerk shall notify the Secretary of the Planning Commission of the receipt of the appeal and of the time and place set for consideration thereby by the Council; and the town clerk shall, not less than five days prior to the date set for the hearing upon the appeal, give written notice to the applicant and to the adverse party or parties, or to the attorney, spokesperson or representative of the party or parties, of the time and place of the hearing on the appeal.
(3) The Town Council may approve, modify or reverse a Planning Commission decision. The decision of the Council shall be final.
(Prior Code, § 17.58.170) (Ord. 352, passed - -1973)
§ 17.112.180 TRAFFIC IMPACT PERMIT.
The provisions of the traffic impact permit, Chapter 17.056 of this title, are applicable to properties in the PDD zoning district.
(Prior Code, § 17.58.180) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)