Millbrae City Zoning Code
ARTICLE XV
Planned Development Or "PD" District 1
§ 10.05.1500 Purpose.
Where a special design proposal for a large-scale development makes it desirable to apply regulations more flexible than those contained elsewhere in this chapter, a planned development or "PD" district may be established. The purpose of such district is to grant diversification in the location of structures and other site qualities while ensuring adequate standards relating to public health, safety, welfare, comfort and convenience. This article establishes the procedures for securing the planned development district zone designation and for reviewing development plans for any project proposed for "PD" zoning.
(Formerly 10.05.0300; 1976 Code § 10-1.501; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1505 Size.
The planned development or "PD" district may be established only on areas of not less than two acres. Adjacent land can be added to an existing "PD" district in an amount less than the required minimum, and such areas may have a plan for development independent of the plan approved for the adjacent PD district.
(Formerly 10.05.0310; 1976 Code § 10-1.502; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1510 Uses and conceptual development plan.
Any use consistent with the Millbrae General Plan may be permitted, provided such use exists or has been designated in a conceptual development plan as specified in MMC § 10.05.1520 and approved by the city council pursuant to provisions of this chapter.
(Formerly 10.05.0320; 1976 Code § 10-1.503; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1515 Initiation of zoning district.
Initiation of a change of zoning district to planned development or "PD" district shall be made by the city council, the parcel owner(s) or their authorized agent in the manner provided in Article XXVIII of this chapter and shall be based upon a conceptual development plan as specified in MMC § 10.05.1520.
(Formerly 10.05.0330; 1976 Code § 10-1.504; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1520 Conceptual development plan requirements.
A.
The conceptual development plan for a planned development district shall depict the proposed development concept in sufficient detail so as to enable the city council to render a zoning decision. The conceptual development plan shall be in the form of one or more maps and other materials describing or showing all of the following:
1.
The site proposed for planned development including its size and perimeter dimensions;
2.
The location and dimension of any existing property lines within the site;
3.
Contact information of the owner(s) and developer(s) of the site;
4.
The width, location, and names of surrounding or adjoining streets, as well as any proposed street alignments within the site and their connection to existing streets;
5.
The character, use, and density/intensity of all abutting and all street-adjacent properties;
6.
The existing and proposed topography of the site displayed at not less than two-foot contour intervals;
7.
The locations and capacities of existing utilities in the vicinity of the site including any proposed or required extensions to the site;
8.
The location of any structure(s) existing upon the site designated for retention or removal and the proposed location of future structure(s);
9.
Areas of the site proposed for various categories of land use (such as residential, commercial, parking, circulation, recreation, and open space), development standards for each proposed land use (such as building heights and setbacks, dwelling units per acre and/or floor area ratio, and parking standards), and a tabular summary of estimates of the resulting population densities and/or building intensities;
10.
Architectural sketches of all proposed buildings, design guidelines to achieve the proposed architectural concepts, and the intended use of all proposed buildings;
11.
Conceptual landscape plan indicating areas of hardscape, softscape, and other proposed amenities;
12.
A narrative description of all proposed site improvements; and
B.
Prior to submission of the development plan to the planning commission, an environmental review of the plan shall be conducted to the extent required by and in full accordance with the California Environmental Quality Act.
C.
The planning commission and city council may require such other information as deemed necessary which may include but not be limited to economic analyses, thoroughfare plans, public services, facilities plans and utilities services plans. All of the information and materials required for any development plan as specified in subsections A and B of this section shall be at the applicant's own cost and expense.
(Formerly 10.05.0340; 1976 Code § 10-1.505; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1525 Action on change of zoning.
A.
The planning commission and city council shall consider the proposed change of zoning district and shall take such action as deemed suitable in the manner provided in Article XXVIII of this chapter. If the city council approves the conceptual development plan and zone change, the PD zone shall be indicated on the official zoning map of the city; however, no development of the site of the planned development district shall be undertaken until an application for a precise development plan as described in MMC § 10.05.1540 has been approved by the planning commission pursuant to MMC § 10.05.1550.
B.
In approving any petition for a planned development district, the planning commission and city council shall make the following findings:
1.
The requested PD zone is consistent with the Millbrae General Plan;
2.
The development standards of the requested PD zone will provide adequate protection for the surrounding land uses; and
3.
The design guidelines of the requested PD zone will assure architectural compatibility with the surrounding area and/or will set a high standard of architectural quality for the surrounding area.
(Formerly 10.05.0350; 1976 Code § 10-1.506; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1530 Amendment of conceptual development plan.
The approval of any conceptual development plan for a planned development district may be modified or amended by ordinance in the manner provided in Article XXVIII of this chapter in the same manner as for the institution of the planned development district upon any land. Such procedures may be initiated by the owners of the lands affected, by the planning commission, or by the city council; provided, that any change initiated by the planning commission or the city council shall be commenced by the adoption of a resolution of intention in the manner provided in Article XXVIII of this chapter. The change or changes shall cause a map of the proposed modifications or amendments to be prepared by the developer and filed with the planning commission in the same manner as a petition for amendment is filed in the manner provided in Article XXVIII of this chapter.
(Formerly 10.05.0360; 1976 Code § 10-1.507; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1535 Phasing of conceptual development plan.
Where it appears that the area proposed for planned development zoning is of considerable extent, the petition for rezoning shall specify upon the conceptual development plan a phasing schedule providing for completion and presentation of separate plans for each part. Upon approval of this phasing schedule by the city council, the developer shall cause the precise development plan for each part to be prepared and submitted in accordance with such schedule. Nothing contained in this section shall be construed to require the planning commission or city council to accept precise development plans in stages or phases except as heretofore provided. The planning commission and city council may, if they so determine, require that a precise development plan or a part thereof shall be submitted for approval at the same time the conceptual development plan is filed with a petition requesting planned development district zoning.
(Formerly 10.05.0370; 1976 Code § 10-1.508; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1540 Application for precise development plan.
Following approval of the conceptual development plan of any planned development district, the petitioner shall submit to the planning commission a precise development plan or, in the event of the approval of a phasing schedule of precise development plans as specified in MMC § 10.05.1535, the first phase of such precise development plan. Any proposed use involving a new structure or new parking facility, or exterior alterations to an existing building, shall be subject to design review as set forth in MMC § 10.05.1550. The application shall be accompanied by required fees and plans showing the details of the proposed use.
(Formerly 10.05.0380; 1976 Code § 10-1.509; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1545 Precise development plan requirements.
Precise development plans shall be detailed refinements of the development concept and as such shall represent development consistent with the approved conceptual development plan. Development plans shall, at a minimum, contain the following:
A.
A comprehensive site plan showing the location, size, and dimensions of all proposed structures (such as buildings, fences, and related appurtenances), streets, parking, open spaces, and service areas/facilities. Such plan shall include a detailed statement of all land uses to be established, the areas to be occupied by each use, and the resulting residential densities and/or nonresidential building intensities;
B.
Detailed engineering site plans including proposed finished grades, drainage facilities as approved by the city engineer, and permanent boundary survey monuments tied to the nearest city survey station;
C.
A detailed landscape plan depicting all existing plant materials (by species, size, and condition) designated for retention or removal, all proposed plant materials (by species, size, and quantity), and any other amenities (such as water features, seating, and decorative lighting);
D.
A master sign program describing in detail, in both narrative and graphic form, the size, type, color, material, font, and placement of all permanent signage, as well as provisions for temporary signs;
E.
Architectural drawings (floor plans, roof plans, elevations, and sections) of all proposed buildings, as well as depictions of all other structures (such as fences, walls, and trash enclosures) as appropriate;
F.
Detailed engineering plans for the delivery of public utilities to the site including all off-site improvements and connections necessary to serve the site. Such engineering plans shall include underground service of utilities, which shall be required, within the areas of the plan;
G.
A detailed traffic study analyzing trips generated by the development relative to current traffic volumes on adjacent streets and intersections, and including proposed traffic improvements needed to mitigate any adverse impacts;
H.
Other pertinent information as may be deemed necessary by the planning commission to determine that the contemplated arrangement of use(s) warrants the approval and application of development standards differing from those ordinarily applicable under this chapter;
I.
A development schedule indicating the approximate date when commencement and completion of construction will occur and the anticipated progress of development under the proposed development plan; and
J.
A comprehensive project description, including justification for any modification to regulations and requirements ordinarily applicable to the particular uses under the terms of this chapter.
(Formerly 10.05.0390; 1976 Code § 10-1.510; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1550 Planning commission action on precise development plan.
A.
The planning commission shall consider the proposed precise development plan, or any appropriate phase thereof, at a public hearing, notice of which shall be given in the time and manner provided in Article XXVIII of this chapter, modifying the notice form to read as follows: "NOTICE OF PUBLIC HEARING ON A PRECISE DEVELOPMENT PLAN WITHIN THE PLANNED DEVELOPMENT DISTRICT." In addition, such notice shall contain a statement of the modification proposed to be considered of any regulations and requirements ordinarily applicable to the uses under the terms of this chapter, a general statement of the nature of the precise development plan and the location of the area included within the precise development plan.
B.
The planning commission shall consider drawings, sketches, site and landscape plans, and any other information deemed relevant to ensure that the architectural, landscaping, and general appearance of the proposed structure(s) and grounds shall be in keeping with the character of the neighborhood; shall not be detrimental to the orderly, harmonious and safe development of the city; shall not impair the desirability of investment or occupation in the neighborhood in which the structure(s) is/are proposed to be erected; and are in compliance with the development standards and design guidelines contained in the conceptual development plan. In granting any approval, the planning commission shall make the following findings:
1.
That the proposed development conforms to the overall intent of the development plan, and will produce an environment of stable, desirable character and high-quality development with uses that contribute to the environmental quality of the stated area; and
2.
That the proposed development provides overall standards of population densities, of open space, of circulation and off-street parking and other general conditions of use at least equivalent to those required by the development plan or by the terms of this chapter in districts where similar uses are permitted; and
3.
That the proposed development plan shall represent a development of sufficient harmony within itself and with adjacent areas to justify any exceptions to the normal regulations within this chapter; and
4.
That fire protection is adequate; and
5.
That drainage is adequate; and
6.
That capacity of utilities and infrastructure, including size and location of streets and sidewalks, is adequate or will be installed/improved to an adequate level prior to the granting of a certificate of occupancy; and
7.
That recreation is adequately provided for in the area or adequate in-lieu fees are paid.
C.
Following the close of the public hearing, the planning commission may approve, approve with conditions, or disapprove any or all of the architectural, landscaping, or site plans submitted in connection with the application for approval. If approved by the planning commission, the approval shall be effective for a period of one year from the date of final approval thereof or within any shorter or longer period of time not to exceed three years, if so designated by the planning commission. The planning commission shall have authority to extend the period of any approval; provided, that a written request for such extension is submitted prior to the date of expiration of the original approval and a notice of hearing has been given in the time and manner provided in Article XXIX of this chapter. Any approvals granted in accordance with the terms of this chapter shall, without further action, become null and void if not used or extended according to these procedures.
(Formerly 10.05.0400; 1976 Code § 10-1.511; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1555 Appeal, appeal period and acknowledgment of conditions.
If a plan or an extension is approved, approved with conditions, or disapproved by the planning commission, the applicant or any protestant may appeal the decision of the planning commission to the city council in the manner provided in Article XXVII of this chapter. Notwithstanding the failure of any person to appeal the decision of the planning commission and within ten days of the date of the action of the planning commission, the city council, or any member thereof, may request a review of the action of the planning commission. Said request for review shall be submitted in writing to the city clerk. City council review shall proceed in the manner provided in Article XXVII of this chapter. The action of the planning commission shall be suspended pending a final determination by the city council. In any case, permits shall not be issued until the required ten-day period has elapsed without the filing of the appeal or a final decision has been made by the city council. Approvals shall have no force or effect until the applicant acknowledges receipt thereof and acceptance of any conditions thereto.
(Formerly 10.05.0410; 1976 Code § 10-1.512; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1560 Modification of precise development plan.
A.
The permittee under any approved precise development plan may request modification of such plan by applying to the community development department. Minor adjustments to the original precise development plan may be made by the director of community development or designee, provided said adjustments are technical corrections which do not have a significant impact on the aesthetics of the project, nor conflict with the intent of the plans originally adopted by the planning commission. Major adjustments shall be reviewed and approved by the planning commission in the same manner and following the same procedure as set forth in MMC § 10.05.1550. Although approval of any modification by the city council is not required, the decision of the planning commission granting or denying the modification shall be subject to review by the city council under the same procedures provided for in Article XXVII of this chapter.
B.
In considering any modification, the director of community development or designee, the planning commission, and/or the city council shall consider the following:
1.
Changed conditions which have occurred since the original approval of the precise development plan; and
2.
Changes in the basic premises used in arriving at the original approval including, but not limited to, engineering data, economic circumstances, and actions of other public bodies including eminent domain proceedings.
(Formerly 10.05.0420; 1976 Code § 10-1.513; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1565 Subdivision.
Where from the nature of the size, location, shape or topography of the parcel of land, or where from the nature of the improvements or development shown on the conceptual or precise development plan, or any combination of these factors, it appears to the planning commission or the city council that a future division of ownership or subdivision of said parcel would be required for orderly development by the delineation of subdivided lot lines at the time of initial development, the planning commission or the city council may require the filing of tentative and/or final subdivision maps, as provided in the subdivision regulations of this chapter and state law, as well as the performing of any other acts required in such regulations. Where any subdivision regulation requires any specific act of the landowner or subdivider, the approval of any conceptual development plan or precise development plan shall not become effective until compliance has been made with such subdivision regulation.
(Formerly 10.05.0430; 1976 Code § 10-1.514; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1570 Effect.
No building or zoning permit shall be issued in any case until the approval of a precise development plan of the planned development district has become effective, and then only in accordance with the conditions thereof.
(Formerly 10.05.0440; 1976 Code § 10-1.515; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1575 Special fees.
The city council may set a fee schedule to be paid, in addition to any other fee which may be required, to cover the portion of the cost burden of required infrastructure in connection with the issuance of a permit for any building or structure. Lands within the planned development district, which lands are retained in large parcels as acreage or otherwise not divided, shall be subject to those special fees or charges upon lands within the city in accordance with the requirements of resolutions, regulations, or ordinances of the city.
(Formerly 10.05.0450; 1976 Code § 10-1.516; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1580 Revocation.
A.
In any case where the terms of approval of a precise development plan of the planned development district, or the approved development schedule contained therein, have not been or are not complied with, the planning commission shall give to the permittee written notice of intention to consider revocation of the approval of a precise development plan at least ten days in advance of a planning commission hearing thereon with public notice of such hearing in the time and manner as provided in Article XXVIII of this chapter. After conclusion of said hearing, the planning commission may recommend that the city council revoke said approval. The city council shall act thereon within thirty days after receipt of the recommendation of the planning commission.
B.
In any case where an application for approval of a precise development plan of a planned development district has not been filed within the specified time period established by the planning commission or city council, if any, or where action has been taken to revoke the approval of any precise development plan in accordance with this section, the planning commission or the city council may, by adoption of a resolution of intention in accordance with the provisions of Article XXVIII of this chapter, initiate proceedings to change the planned development district to a different zoning district.
(Formerly 10.05.0460; 1976 Code § 10-1.517; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1585 Improvements and dedications.
A.
In the event that a subdivision map is not required for approval of any precise development plan of a planned development district, such approval shall not become effective until conveyances for any required public easements, streets, rights-of-way, or other public areas have been filed with the city clerk and accepted by the city council.
B.
Where any land is to be conveyed for public use, a title report issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the city, showing all parties whose consent is necessary and the nature of their interests therein, shall be filed with the conveyances of said land.
C.
Where public improvements are to be constructed or where improvements are to be made upon lands to be conveyed to the city, the landowner shall execute and file an agreement with the city providing for the installation of such improvements at the landowner's cost and expense, and in accordance with the approved development schedule contained in the development plan. The agreement shall be accompanied by labor, material and performance bonds. Such improvement agreement and bonds provided for in this chapter shall be considered in a like manner as are requirements upon improvement agreements and bonds under regulations for subdivisions in the city. Such improvement agreement and bonds shall be deemed to include and cover the installation of landscaping and planting as required by any approved plan thereof, whether such landscaping and planting shall be upon public or private lands.
(Formerly 10.05.0470; 1976 Code § 10-1.518; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1590 Control of development schedule.
The director of community development shall compare the actual development accomplished in the planned development with the approved development schedule and shall report findings to the planning commission if the owners or permittees are failing or have failed to meet the approved schedule. The planning commission may, by adoption of a resolution of intention, initiate proceedings to change conditions of approval or requirements related to the development schedule pursuant to the process for approving the plan as set forth in this article.
(Formerly 10.05.0480; 1976 Code § 10-1.519; Ord. 643 § 2; Ord. 726 § 2 (Att. A))
§ 10.05.1595 Airport land use compatibility plan consistency and maximum height.
All projects must comply with the requirements of the airport land use compatibility plan, including airport real estate disclosure notices, airport noise evaluation and mitigation, avigation easement, safety compatibility evaluation, and airspace protection evaluation, as detailed in Article XVI of this chapter ("Airport Land Use Compatibility Plan Consistency").
(Ord. 800 § 13)