84 - PLANNED DEVELOPMENTS1
Editor's note— Section 1 of Ord. No. 13-08, adopted Dec. 17, 2013, repealed the former ch. 17.84, §§ 17.84.010—17.84.030, and section 2 of said ordinance enacted a new ch. 17.84 as set out herein. The former ch. 17.84 pertained to PUD Planned Unit Development district, and derived from prior code, § 13.20.001—13.20.003.
The planned development process is intended to provide for development of residential, commercial, and industrial projects involving use of modified development and/or public improvement standards, such that the benefits of the project to the public, the city, and the project proponent are greater than what would normally be possible under the default regulations.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
Application for and approval of a planned development shall be subject to the provisions of Section 17.08.050 of this title, except as may be modified by this chapter. Any such application and accompanying exhibits shall conspicuously state the words "Planned Development." Applications processed pursuant to this chapter may alternately referred to as "planned developments", "a conditional use permit for a planned development", or similar, provided that it is made evident that such application is being pursued in accordance with this chapter.
B.
For planned developments involving the subdivision of property:
1.
Such projects shall also be subject to the provisions of Title 16 of this code.
2.
Approval of the planned development shall be conditioned upon city council approval of any subdivision procedure undertaken pursuant to Title 16.
3.
The term of the planned development approval shall be at least as long as the term of the approved subdivision, including any extensions granted thereto.
C.
Planned developments may be permitted in all districts, subject to the provisions of this chapter.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
All otherwise required property development standards, and public improvement standards applicable to a particular parcel, including those contained within Chapter 17.88 of this title but excepting those related to population density or the public health and safety, may be modified or waived, provided that the planning commission determines that said proposed development is likely to provide a more functional, enduring, and desirable environment than would otherwise be possible and that no adverse impacts to adjacent properties or public facilities would result therefrom.
B.
At least ten (10) percent of the site, exclusive of required yards, shall either be improved as recreational area and/or open space for the use of residents/occupants of the planned development or improved and dedicated to the city for public use.
C.
Each residential planned development shall include facilities for bulk storage, laundry, and similar services unless such facilities are included individually for each dwelling unit.
D.
Where private roads and/or common recreation or service facilities are provided, a method for their permanent maintenance and upkeep shall be specified to the satisfaction of the planning commission.
E.
The definition of yards and the manner by which a front yard is determined as contained within Section 17.04.110 notwithstanding, the yards of a planned development may be oriented in relation to a public street or other approved access as determined by the planning commission.
(Ord. No. 13-08, § 2, 12-17-2013)
In addition to items required pursuant to Section 17.08.050, all plans submitted for review shall include and/or indicate the following:
A.
The types of uses and the location, height, and bulk of buildings and other improvements, including floor plans and elevations, as applicable;
B.
The buildable area, lot coverage, and open spaces around buildings. In the case of single-family detached or attached dwellings, this shall include a typical lot fit analysis, indicating that each proposed floor plan can be placed on at least one lot within the proposed development while meeting setback, lot coverage, and related standards.
C.
The traffic pattern;
D.
The arrangement, design, and dimensions of streets, alleys, pedestrian ways, and parking and loading areas;
E.
Any proposed screening of uses from visibility from adjacent properties and public ways, either within or without the planned development, by fencing and/or landscaping.
F.
Such other items as, in the determination of the planning commission, may be necessary to accomplish the purposes of this chapter.
(Ord. No. 13-08, § 2, 12-17-2013)
Prior to approval of a planned development, the planning commission shall make the following findings in lieu of those contained in Section 17.08.050:
A.
The proposed planned development is consistent with the general plan and any applicable specific or community plan, including the density and intensity limitations that may apply;
B.
The subject site is physically suitable for the type and intensity of the development being proposed;
C.
Adequate transportation facilities, utilities, and public services exist or will be provided in accordance with the approval of the planned development to serve the proposed development, and approval of the planned development will not result in adverse impacts to existing facilities, utilities, or services so as to be a detriment to the public health, safety, or welfare;
D.
The proposed development will not have a substantial adverse impact on surrounding land uses, and will be compatible with the existing and planned land use character of the surrounding area;
E.
The proposed development generally complies with any adopted design guidelines; and
F.
The proposed development is demonstrably superior to the development that could occur utilizing the standards applicable to the subject zone district, and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, factors to be considered shall include, but not be limited to:
1.
Appropriateness of the use(s) at the proposed location;
2.
The mix of uses, housing types, and housing price levels;
3.
Provision of infrastructure improvements;
4.
Provision of usable active or passive open space;
5.
Compatibility of uses within the planned development area;
6.
Creativity in design and use of land;
7.
Quality of design, and adequacy of light and air into the interior spaces of buildings; and
8.
Overall enhancement of neighborhood character and the built and natural environments of the city.
(Ord. No. 13-08, § 2, 12-17-2013)
In approving a planned development, the planning commission may impose reasonable conditions deemed necessary to:
A.
Ensure that the planned development conforms in all significant respects to the general plan and with any other plans or policies and design guidelines the city has adopted;
B.
Achieve the general purposes of this code and/or the specific purpose of the zone district(s) in which the planned development is located;
C.
Achieve the findings contained within Section 17.94.050; or
D.
Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
Expiration.
1.
A planned development shall become effective on the same date that it is approved by the planning commission. The planned development approval shall expire if it is not exercised or extended within two years of the effective date. An approved planned development may specify a phased development program exceeding three years.
2.
A planned development is considered to be exercised when:
a.
Actions specified in the conditions of approval have been taken; or
b.
When a building permit has been issued and construction has commenced and is being diligently pursued.
3.
In the event that the applicant intends to develop the planned development in phases, and the planning commission approves such phased development, the planned development shall remain in effect so long as not more than one year elapses between the completion of one phase and the commencement of the next.
4.
Where a planned development has been approved in conjunction with a tentative map, the planned development approval shall expire upon the expiration of the tentative map, Section 17.84.070(A)(3) notwithstanding.
B.
Extension. If site development and construction have not been initiated within two years of the effective date of the planned development, the city manager may authorize an extension of the planned development for an additional two years. An application for extension shall be made in writing not less than thirty (30) days prior to the date of expiration. The city manager shall approve the extension only upon the determination that the extension is consistent with the purposes of this chapter and that no significant amendments, as defined in Section 17.84.080, are proposed.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
Amendments or revisions to an approved planned development may be requested by the applicant or its successors. Amendments shall be classified as major or minor amendments. Upon receipt of an amendment application, the city manager shall determine whether the proposal constitutes a major amendment or a minor amendment.
B.
Major Amendments. Major amendments to an approved planned development shall be considered by the planning commission at a duly noticed public hearing. An amendment shall be considered major if it involves one or more of the following changes:
1.
A change in the boundary of the planned development;
2.
An increase or decrease in the number of dwelling units that is greater than ten (10) percent of the number stated in the original approval of the planned development;
3.
An increase or decrease in the floor area of any non-residential use that results in a change of greater than ten (10) percent of the amount stated in the original approval of the planned development;
4.
Any change in use or intensity that, in the determination of the city engineer, is likely to negatively impact or burden public utilities, infrastructure, or other facilities;
5.
Any other proposed change that, in the determination of the city manager, substantively alters one or more components of the planned development.
C.
Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (B) above shall be considered minor, provided that they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the city manager without a public hearing.
(Ord. No. 13-08, § 2, 12-17-2013)
Individual development plans for units within a phased planned development shall be accepted for planning and building permits only if they are consistent with the approved planned development and any conditions of approval.
(Ord. No. 13-08, § 2, 12-17-2013)
Failure of a planned development to comply with the conditions of approval or with a phased development schedule, if applicable, is a violation of this code, and is subject to Chapter 1.20, General Penalty.
(Ord. No. 13-08, § 2, 12-17-2013)
Approval of a planned development may be revoked as provided in Section 17.08.050(M).
(Ord. No. 13-08, § 2, 12-17-2013)
84 - PLANNED DEVELOPMENTS1
Editor's note— Section 1 of Ord. No. 13-08, adopted Dec. 17, 2013, repealed the former ch. 17.84, §§ 17.84.010—17.84.030, and section 2 of said ordinance enacted a new ch. 17.84 as set out herein. The former ch. 17.84 pertained to PUD Planned Unit Development district, and derived from prior code, § 13.20.001—13.20.003.
The planned development process is intended to provide for development of residential, commercial, and industrial projects involving use of modified development and/or public improvement standards, such that the benefits of the project to the public, the city, and the project proponent are greater than what would normally be possible under the default regulations.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
Application for and approval of a planned development shall be subject to the provisions of Section 17.08.050 of this title, except as may be modified by this chapter. Any such application and accompanying exhibits shall conspicuously state the words "Planned Development." Applications processed pursuant to this chapter may alternately referred to as "planned developments", "a conditional use permit for a planned development", or similar, provided that it is made evident that such application is being pursued in accordance with this chapter.
B.
For planned developments involving the subdivision of property:
1.
Such projects shall also be subject to the provisions of Title 16 of this code.
2.
Approval of the planned development shall be conditioned upon city council approval of any subdivision procedure undertaken pursuant to Title 16.
3.
The term of the planned development approval shall be at least as long as the term of the approved subdivision, including any extensions granted thereto.
C.
Planned developments may be permitted in all districts, subject to the provisions of this chapter.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
All otherwise required property development standards, and public improvement standards applicable to a particular parcel, including those contained within Chapter 17.88 of this title but excepting those related to population density or the public health and safety, may be modified or waived, provided that the planning commission determines that said proposed development is likely to provide a more functional, enduring, and desirable environment than would otherwise be possible and that no adverse impacts to adjacent properties or public facilities would result therefrom.
B.
At least ten (10) percent of the site, exclusive of required yards, shall either be improved as recreational area and/or open space for the use of residents/occupants of the planned development or improved and dedicated to the city for public use.
C.
Each residential planned development shall include facilities for bulk storage, laundry, and similar services unless such facilities are included individually for each dwelling unit.
D.
Where private roads and/or common recreation or service facilities are provided, a method for their permanent maintenance and upkeep shall be specified to the satisfaction of the planning commission.
E.
The definition of yards and the manner by which a front yard is determined as contained within Section 17.04.110 notwithstanding, the yards of a planned development may be oriented in relation to a public street or other approved access as determined by the planning commission.
(Ord. No. 13-08, § 2, 12-17-2013)
In addition to items required pursuant to Section 17.08.050, all plans submitted for review shall include and/or indicate the following:
A.
The types of uses and the location, height, and bulk of buildings and other improvements, including floor plans and elevations, as applicable;
B.
The buildable area, lot coverage, and open spaces around buildings. In the case of single-family detached or attached dwellings, this shall include a typical lot fit analysis, indicating that each proposed floor plan can be placed on at least one lot within the proposed development while meeting setback, lot coverage, and related standards.
C.
The traffic pattern;
D.
The arrangement, design, and dimensions of streets, alleys, pedestrian ways, and parking and loading areas;
E.
Any proposed screening of uses from visibility from adjacent properties and public ways, either within or without the planned development, by fencing and/or landscaping.
F.
Such other items as, in the determination of the planning commission, may be necessary to accomplish the purposes of this chapter.
(Ord. No. 13-08, § 2, 12-17-2013)
Prior to approval of a planned development, the planning commission shall make the following findings in lieu of those contained in Section 17.08.050:
A.
The proposed planned development is consistent with the general plan and any applicable specific or community plan, including the density and intensity limitations that may apply;
B.
The subject site is physically suitable for the type and intensity of the development being proposed;
C.
Adequate transportation facilities, utilities, and public services exist or will be provided in accordance with the approval of the planned development to serve the proposed development, and approval of the planned development will not result in adverse impacts to existing facilities, utilities, or services so as to be a detriment to the public health, safety, or welfare;
D.
The proposed development will not have a substantial adverse impact on surrounding land uses, and will be compatible with the existing and planned land use character of the surrounding area;
E.
The proposed development generally complies with any adopted design guidelines; and
F.
The proposed development is demonstrably superior to the development that could occur utilizing the standards applicable to the subject zone district, and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, factors to be considered shall include, but not be limited to:
1.
Appropriateness of the use(s) at the proposed location;
2.
The mix of uses, housing types, and housing price levels;
3.
Provision of infrastructure improvements;
4.
Provision of usable active or passive open space;
5.
Compatibility of uses within the planned development area;
6.
Creativity in design and use of land;
7.
Quality of design, and adequacy of light and air into the interior spaces of buildings; and
8.
Overall enhancement of neighborhood character and the built and natural environments of the city.
(Ord. No. 13-08, § 2, 12-17-2013)
In approving a planned development, the planning commission may impose reasonable conditions deemed necessary to:
A.
Ensure that the planned development conforms in all significant respects to the general plan and with any other plans or policies and design guidelines the city has adopted;
B.
Achieve the general purposes of this code and/or the specific purpose of the zone district(s) in which the planned development is located;
C.
Achieve the findings contained within Section 17.94.050; or
D.
Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
Expiration.
1.
A planned development shall become effective on the same date that it is approved by the planning commission. The planned development approval shall expire if it is not exercised or extended within two years of the effective date. An approved planned development may specify a phased development program exceeding three years.
2.
A planned development is considered to be exercised when:
a.
Actions specified in the conditions of approval have been taken; or
b.
When a building permit has been issued and construction has commenced and is being diligently pursued.
3.
In the event that the applicant intends to develop the planned development in phases, and the planning commission approves such phased development, the planned development shall remain in effect so long as not more than one year elapses between the completion of one phase and the commencement of the next.
4.
Where a planned development has been approved in conjunction with a tentative map, the planned development approval shall expire upon the expiration of the tentative map, Section 17.84.070(A)(3) notwithstanding.
B.
Extension. If site development and construction have not been initiated within two years of the effective date of the planned development, the city manager may authorize an extension of the planned development for an additional two years. An application for extension shall be made in writing not less than thirty (30) days prior to the date of expiration. The city manager shall approve the extension only upon the determination that the extension is consistent with the purposes of this chapter and that no significant amendments, as defined in Section 17.84.080, are proposed.
(Ord. No. 13-08, § 2, 12-17-2013)
A.
Amendments or revisions to an approved planned development may be requested by the applicant or its successors. Amendments shall be classified as major or minor amendments. Upon receipt of an amendment application, the city manager shall determine whether the proposal constitutes a major amendment or a minor amendment.
B.
Major Amendments. Major amendments to an approved planned development shall be considered by the planning commission at a duly noticed public hearing. An amendment shall be considered major if it involves one or more of the following changes:
1.
A change in the boundary of the planned development;
2.
An increase or decrease in the number of dwelling units that is greater than ten (10) percent of the number stated in the original approval of the planned development;
3.
An increase or decrease in the floor area of any non-residential use that results in a change of greater than ten (10) percent of the amount stated in the original approval of the planned development;
4.
Any change in use or intensity that, in the determination of the city engineer, is likely to negatively impact or burden public utilities, infrastructure, or other facilities;
5.
Any other proposed change that, in the determination of the city manager, substantively alters one or more components of the planned development.
C.
Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (B) above shall be considered minor, provided that they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the city manager without a public hearing.
(Ord. No. 13-08, § 2, 12-17-2013)
Individual development plans for units within a phased planned development shall be accepted for planning and building permits only if they are consistent with the approved planned development and any conditions of approval.
(Ord. No. 13-08, § 2, 12-17-2013)
Failure of a planned development to comply with the conditions of approval or with a phased development schedule, if applicable, is a violation of this code, and is subject to Chapter 1.20, General Penalty.
(Ord. No. 13-08, § 2, 12-17-2013)
Approval of a planned development may be revoked as provided in Section 17.08.050(M).
(Ord. No. 13-08, § 2, 12-17-2013)