The purpose of this chapter is to encourage a creative and more efficient approach to the use of land and to provide for greater flexibility in the design of integrated developments than otherwise possible through strict application of zoning and planning regulations. It is the intent of a planned development district to create:

A.

Diversification in the location of structures and other site attributes while ensuring compliance with the general plan, the commercial and industrial design Guidelines, and compatibility with existing and future developments in surrounding areas;

B.

Innovative retail that is less automobile dependent;

C.

Innovative residential development that serves a variety of household types;

D.

Pedestrian-friendly neighborhoods and enhanced community character;

E.

Land resources used more efficiently;

F.

Compatibility with transit access along local corridors;

G.

Strike a balance between services and retail uses; and

H.

A vibrant environment that is attractive to national and regional retail and manufacturing tenants.

(Ord. No. 654, § 3, 1-11-12)

A.

The minimum area for all PD designated districts in non-residential zones shall be two acres.

B.

The minimum area for all PD designated districts in residential zones shall be one acre.

C.

Planned development districts shall be created in the same manner as property is reclassified from one zone to another within the city. When a "PD" district has been so created, it shall be designated upon the zoning map of the city as an overlay zone by adding the parenthetically enclosed letters "PD" after the zoning symbol indicating the zone in which the subject property is included.

D.

The change of classification shall be processed as an amendment to the zoning code and the precise plan shall be merged with the PD district for the particular property so classified.

E.

A precise plan that does not adhere to standards of development in the zoning code may be approved when such plan fulfills the purpose of a PD district.

F.

A change in the precise plan enacted within a PD district shall constitute a reclassification of property, and such change shall be processed as an amendment to the zoning code.

G.

No development of the subject site shall begin and no building permit shall be issued in any case until a precise plan of a planned development has been approved by the planning commission and/or the city council as set forth hereafter.

(Ord. No. 654, § 3, 1-11-12)

For purposes of this chapter, the following definitions shall apply:

"Building frontage" means the measurement of linear feet of the building or buildings that front onto a major arterial street, not including driveways and pedestrian courtyards between buildings.

"Community facilities" mean a public or semi-public use that serves the community and generates substantial pedestrian use along the sidewalk. These facilities may include libraries, museums, community rooms, educational facilities, cultural institutions, post offices, child day care facilities, fitness centers, and transit terminals.

"Ground floor" means the lowest level within a building that is accessible from and within three feet above or two feet below the grade of the adjoining sidewalk. If a sloped site, the ground floor elevation is measured at the point of entry.

"Precise plan" means a specific development schematic or plan for all or a portion of a parcel of land. A precise plan is tied to a specific PD overlay zone.

(Ord. No. 654, § 3, 1-11-12)

Any use permitted in any given zone is permitted in the PD zone, subject to regulations set forth in this chapter.

A.

All commercial uses in underlying zones shall be permitted subject to the following conditions:

1.

Uses that generate pedestrian activity at the ground floor building frontage at Irwindale Avenue, Arrow Highway, Ramona Boulevard, Foothill Boulevard and Live Oak Avenue are strongly encouraged. Uses that generate pedestrian activity include cafes, tea shops, coffee shops, restaurants, bookstores, stationary store, food stores, floral shops, gift shops, bakeries, drug stores, hardware stores, clothing and other retail shopping, commercial recreation and entertainment uses, personal and convenience stores, travel agencies, barber shop, beauty parlors, childcare facilities for employees of businesses within the particular complex, art galleries and stores, photocopying, museums and other uses, provided that such other uses are determined by the planning commission to be appropriate and supportive of creating a dynamic retail environment.

2.

Retail and/or restaurant uses at the ground floor street level of a multiple-story office structure are strongly encouraged. Offices requiring a high level of public access on the ground floor are also strongly encouraged.

3.

Auto sales and rentals are permitted.

4.

All commercial activities shall be conducted wholly within an enclosed building, except that restaurants may have outdoor eating areas. Retail kiosks and wireless computer services may be permitted in outdoor plazas/public gathering spaces. Commercial activities may be permitted outdoors for special events such as farmer's markets and community cultural fairs and other outdoor events, as determined by the director of planning and subject to the approval of a temporary use permit.

B.

In residential zones, densities of up to twenty-one units per acre may be allowed with a PD overlay, depending upon market demand, the quality of the development, and amenities provided as part of the development.

(Ord. No. 654, § 3, 1-11-12)

A.

A PD overlay district would allow for the combined consideration of all conditional use permit applications together with the precise plan; whereas separately considered conditional use permits would be required for other projects.

B.

The following conditional uses may be included in a precise plan in a non-residential zone:

1.

Off-site sales of alcoholic beverages are permitted with a separate conditional approval subject to Chapter 17.58 and ABC authorization;

2.

Financial institutions;

3.

Microbreweries, or wineries with restaurant, with a conditional approval subject to Chapter 17.58 and ABC authorization;

4.

Drive-up service restaurants ^[3];

5.

Hotels and motels (with or without dining facilities);

6.

Theaters, live performance or film;

7.

Childcare centers unless for the use of project employees;

8.

Community facilities;

9.

Establishments and activities requiring a large assembly of people or automobiles, including a stadium, amusement park, circus, racetrack or other similar uses;

10.

Auditoriums or meeting facilities as accessory use;

11.

Parking structures as accessory use; and

12.

Other accessory uses determined by the planning commission to be compatible with the designated area.

(Ord. No. 654, § 3, 1-11-12)

The following uses shall be prohibited in all PD zones:

A.

Drive-through businesses;

B.

Gas stations;

C.

Car washes;

D.

Storage facilities;

E.

Outdoor storage yards;

F.

Vehicle repair and/or service;

G.

Any use, when such use is determined to be hazardous in nature, either by virtue of activity or product, or through the emission of noise, pollutants or hazardous effluents;

H.

Any use which uses or stores a hazardous material that has a degree of hazardous rating in health, flammability or reactivity of Class 4 by U.F.C. Standard 79-3 or succeeding standards, any use which involves the mixing or handling of hazardous or toxic chemicals, materials or products, or any use which requires the construction of any H-1 or H-2 structure, including paint booths. An exception to this prohibition is a use that handles and/or disposes of medical waste when such handling and/or disposal is in compliance with federal or state regulations. Subject to review and written approval by the city's fire chief, or his or her designee, additional exceptions may be permitted based upon the quantities of materials handled and/or stored at the subject premises.

(Ord. No. 654, § 3, 1-11-12)

A.

The application for approval of a precise plan shall be filed with the planning department, on a form furnished by the city, and shall be accompanied by a fee in the amount set by resolution of the council.

B.

The application for a precise plan in a commercial or industrial zone shall contain the following:

1.

A total development plan, which shall show all the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school sites, open spaces and other public or private facilities, and shall include a statement of all uses proposed to be established and the location of each use;

2.

Engineering site plans and landscaping plans;

3.

Architectural drawings or sketches showing the design and character of the proposed structures, uses and facilities and the physical relationship of all elements;

4.

Other pertinent information, as may be deemed desirable to justify applying regulations and requirements differing from those ordinarily applicable, including all conditional uses;

5.

A tenant mix/marketing plan for commercial retail office/spaces, including basic tenant types with estimated square footage, including, but not limited to:

a.

National, regional, and local retail;

b.

Sit-down restaurants;

c.

Fast food restaurants;

d.

Professional offices; and

e.

Financial institutions.

6.

An independent shared parking analysis study prepared in accordance with the requirements of the city engineer; and

7.

An independent traffic study prepare in accordance with the requirements of the city engineer.

C.

The application for a precise plan in a residential zone shall contain the following:

1.

A total development plan, which shall show all the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school sites, open spaces and other public or private facilities, and shall include a statement of all uses proposed to be established and the location of each use;

2.

Engineering site plans and landscaping plans; and

3.

Architectural drawings or sketches showing the design and character of the proposed structures, uses and facilities and the physical relationship of all elements.

D.

Hearing. The planning commission shall conduct a public hearing on the proposed precise plan.

E.

Appeals. The procedure for appeals shall be the same as set forth in Chapter 17.80 of this title.

F.

City Council Action. Upon the filing of an appeal, the secretary of the commission shall forward to the city clerk the commission's files with regard to such proposed precise plan. Upon receipt of the same, the city clerk shall promptly set the matter for a public hearing before the city council. The city council shall conduct a de novo public hearing upon the matter, and thereafter shall determine whether the proposed precise plan shall be approved, conditionally approved, or denied. In its discretion, the city council may refer, prior to its decision, such matter to the commission for a further report, with or without further public hearings before the commission. The decision of the council shall be by resolution and shall be final and conclusive in all cases. Within five days following the adoption of the resolution by the council, the city clerk shall mail a copy thereof to the applicant and any other person requesting the same.

(Ord. No. 654, § 3, 1-11-12)

A.

Upon recommendation by the director of planning, the body which granted final approval of a precise plan shall conduct a noticed public hearing to determine whether such precise plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval:

1.

That the approval was obtained by fraud; or

2.

That the precise plan is being implemented contrary to any conditions imposed upon approval of the plan, or in violation of any law.

B.

If the revocation hearing is conducted by the planning commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 17.80 of this title.

Any precise plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such precise plan, or, if no time is so specified, if the same is not exercised within one year from the date the approval becomes final, provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this section once, for a period of not to exceed one year without a public hearing.

(Ord. No. 654, § 3, 1-11-12)

Any condition imposed upon the approval of a precise plan may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct a public hearing hereon, in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable development under the precise plan, as approved. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal, as specified in Chapter 17.80.

(Ord. No. 654, § 3, 1-11-12)

Failure to give notice in the manner prescribed in this chapter shall have no effect upon any proceeding before the commission or the council.

(Ord. No. 654, § 3, 1-11-12)