Folsom City Zoning Code
CHAPTER 17
38 P.D., PLANNED DEVELOPMENT DISTRICT
§ 17.38.010 Purpose.
The purposes of this chapter are to allow greater flexibility in the design of integrated developments than otherwise possible through strict application of land use regulations, to encourage the creative and efficient use of land, and to encourage the efficient allocation and maintenance of privately-controlled open space through the redistribution of overall density where such redistribution is desirable and feasible. The Planned Development district is not intended to reduce the allowed density of development as specified in the general plan or to amend the allowed use of property as specified in the underlying zoning district. The Planned Development (“P.D.”) district is intended to be a combining district. P.D. Permits shall be considered by the planning or historic district commission (referred to collectively as commission) as appropriate.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.020 Regulations.
The specific regulations and the general rules set forth in Chapter 17.58 apply in all P.D. districts, except that where conflict occurs, the regulations and standards specified in or pursuant to this chapter shall apply.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.030 General criteria.
P.D. permits may be established in all areas of the city so long as they accomplish the purposes of this chapter and are consistent with the general plan and the underlying land use district. Land included within a P.D. district is subject to the requirements and restrictions set forth in this chapter in addition to the underlying land use district; provided, however, that in granting a planned development permit pursuant to this chapter, the commission may modify regulations (i.e., development standards) set forth in this title which would otherwise be applicable to the property. Modification to the allowed density or use of the property as specified in the general plan land use designation or underlying zoning district may not be authorized or required in conjunction with the P.D. permit. Changes to the allowed density or use of the property shall require a general plan amendment and/or rezoning of the property accordingly.
A planned development permit shall be required for development within a P.D. district and no building permit shall be issued until the planned development permit has been granted.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.040 Application – P. D. zone.
A.
P.D. districts shall be established or disestablished in accordance with the procedure pertaining to amendments of the zoning ordinance set forth in Chapter 17.58 of this title.
B.
The P.D. district must be established prior to or at the same time that the planned development permit is granted. The establishment of a P.D. district shall not confer upon the applicant the right to a planned development permit.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.050 P. D. permit – Procedure.
An application for a planned development permit shall be submitted to the commission in writing on a form prescribed by the commission and shall be accompanied by a fee as established by resolution of the city council. The procedural requirements for a planned development permit hearing, action by the commission, expiration or extension of a planned development permit, or appeal of the commission’s action with respect to the permit shall be governed, to the extent the provisions of this section are not in conflict, by the provisions of Chapter 17.60 of this title.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.060 P. D. permit – Application.
All development within a P.D. district requires a planned development permit. The application for a planned development permit shall include the following:
A.
A map or maps showing:
1.
Topography of the land, contour intervals, as required by the commission,
2.
Proposed street system and lot design,
3.
Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other such uses,
4.
The type of use (residential, commercial or industrial) which is proposed and the location of the areas proposed for such uses,
5.
Proposed locations of buildings on the land,
6.
Landscaping plans,
7.
Signage,
8.
Total acreage of the development and the method of calculating the residential density.
B.
General elevations or perspective drawings of all proposed buildings and structures other than single-family residences.
C.
A description of the zoning regulations which applicant seeks to vary.
D.
Other data and information which may be deemed necessary by the commission for proper consideration of the application.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.070 Permitted uses.
Uses permitted are all uses permitted in the underlying district and which are consistent with the general plan.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.080 Variances.
The regulations of the underlying zone relating to height, setback, lot area and coverage, parking and other provisions of the title may be varied when such variance will result in improved design of the development and will permit desirable arrangements of structures in relation to parking areas, parks and parkways, pedestrian walks and other such features. Such variance may be provided for as a condition of the planned development permit granted pursuant to this chapter. Except as otherwise provided in the general plan or zoning code (i.e., density bonus, uses not listed), no variance as to allowed density or land use shall be permitted. The findings necessary to permit a variance under Chapter 17.62 need not be made.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.090 Design and density standards.
In approving a planned development permit, the commission shall comply with the following standards:
Design Standards. The proposed development project must be designed to provide open space, circulation, off-street parking and other conditions in such a way as to form a harmonious, integrated project of sufficient quality to justify exceptions to the normal regulations of this title.
(Ord. 589 § 1 (part), 1987; Ord. 858 § 11, 1997; Ord. 968 § 2 (part), 2002)
§ 17.38.100 Review criteria.
In its review of planned developments, the planning commission shall be governed by the following criteria:
A.
The project’s compliance with the intent and purposes of this chapter, the applicable ordinances of the city, and the general plan;
B.
The project’s consistency with the objectives, policies and requirements of the development standards of the city. Minor modifications of such standards shall be permitted to encourage the efficient use of land and the creation of open space, provided the commission determines that such modifications will result in a development that is superior to that obtained by rigid application of the standards. Design considerations shall not result in a reduction in the allowed density of a multifamily residential project or render the development “infeasible” for housing for “very low”, “low” and “moderate” income households, unless the commission makes findings as provided in Government Code Section 65589.5. The terms used herein are as defined in Government Code Section 65589.5;
C.
The physical, functional and visual compatibility between the proposed development and neighboring uses and neighborhood characteristics. The scope of compatibility for the P.D. permit shall be limited to project design considerations. Land use and density compatibility is evaluated separately, in conjunction with the zoning and general plan land use designation of the site;
D.
The availability of necessary public facilities including, but not limited to, water, sewage and drainage and the adequacy of the provision which the development makes for the furnishing of such facilities;
E.
The extent to which the proposed development causes adverse environmental impacts which have not been mitigated to an acceptable level;
F.
The requirement that the proposed development not cause unacceptable vehicular traffic levels on surrounding streets and that there be adequate internal traffic circulation, including ingress and egress;
G.
Adequate provision is made for the furnishing of sanitation services and emergency public safety services to the development;
H.
The proposed development will not be detrimental to health, safety and the general welfare of the persons or property within the vicinity of the proposed development and the city as a whole. Notwithstanding the foregoing, a residential development affordable to lower-income households shall not be denied unless the commission makes findings as provided in the Government Code Section 65589.5. The terms used herein are as defined in Government Code Section 65589.5.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
§ 17.38.110 Expiration.
Unless a building permit has been issued for the development within 1 year after the granting of the planned development permit or such further time as the commission shall allow, then without further action the planned development permit shall be null and void.
(Ord. 589 § 1 (part), 1987; Ord. 968 § 2 (part), 2002)
