The purpose of the Planned Development Zoning District is to allow diversification and flexibility in the relationships of various buildings, structures, land uses, open spaces and other features associated with large mixed-use development and to encourage flexibility of site planning and land use to create desirable environments that otherwise may not be achieved under conventional zoning requirements for large developments. The standards related to the public health, safety and general welfare shall be observed without unduly inhibiting the advantages of modern site planning for mixed residential, commercial, or industrial purposes.

(Ord. No. 38.814, § 3, 4/15/14)

A.

Minimum Standards and Requirements.

1.

Planned Development Zoning Districts may only be established on mixed-use, commercial or industrial designated parcels on the Milpitas General Plan and Zoning Maps with a minimum size of twenty (20) acres in strict conformance with the requirements of this Section. In order to meet the minimum size of twenty (20) acres, all parcels in the proposed district shall be adjacent, contiguous, or within eight hundred (800) feet from each other.

2.

Application for a Planned Development Zoning District shall only be considered by the Planning Commission or City Council if the City receives written consent, acceptable to City, from each property owner or others, as applicable, controlling the use of all property within such proposed district.

3.

Planned Development Zoning District shall not be permitted within the Midtown or Transit Area Specific Plan areas.

4.

Application for a Planned Development Zoning District shall be processed as General Plan and Zoning amendments in accordance with this Section and Section XI-10-57.02 of this Chapter.

5.

Application for a Planned Development Zoning District shall be on an application form prescribed by the Planning Division and include each of the following:

i.

A specific development plan showing the proposed use or uses, locations of all proposed structures, vehicular and pedestrian circulation, parking, public facilities, utilities, landscaping, stormwater treatment, waste collection, open spaces, and any additional information required by the Planning Division; and

ii.

Architectural drawings, plans and renderings demonstrating the design, elevation, and character of the proposed uses and structures, and the physical relationship of the uses and structures; and

iii.

General plan and zoning consistency analysis, significant public benefit proposal, phasing proposal for development, if any, and required information and documents for environmental review; and

iv.

Current title report demonstrating current ownership interests in all of the property located in the proposed district; and

v.

Other data, information or document as required by the Planning Division to more fully understand the proposed development and its potential impact to the community.

6.

Development standards for lot coverage, floor area ratio, density, building setback, height, parking, and other requirements shall be governed by the standards of the commercial, industrial or mixed-use zoning district(s) or use most similar in nature and function to the proposed Planned Development Zoning District. Any deviation to these standards may be reviewed by the Planning Commission and approved by the City Council if these bodies find that such exception encourages a desirable environment, the proposed development will provide a significant public benefit to the community, and the deviations will not impact public health, safety and welfare.

(Ord. No. 38.814, § 3, 4/15/14)

A.

The Planning Director, in her/his discretion, may require an applicant to submit a preliminary application with a preliminary development plan and letter of intent for review by the Planning Commission and City Council prior to submitting an application for General Plan and Zoning amendments for a Planned Development Zoning District. The preliminary application provides an opportunity for the Planning Commission and City Council to review the conceptual development proposal and provide feedback prior to the applicant and Planning Division incurring significant time and cost. The preliminary development plan and letter of intent as part of the preliminary application shall include each of the following:

1.

Proposed land uses, building locations and square footage, density, and floor area ratio; and

2.

Proposed parks, open spaces, landscape areas, public art, and significant public benefits; and

3.

Proposed pedestrian and vehicular circulation pattern; and

4.

General project description and summary; and

5.

General Plan and zoning consistency analysis; and

6.

Any additional data, information, or document as determined by the Planning Director to be helpful for the Planning Commission and City Council to more fully understand the conceptual development proposal.

(Ord. No. 38.814, § 3, 4/15/14)

A.

After a Planned Development Zoning District has been approved by the City Council, the base zoning district in effect as of the date of the application submitted to the City for a Planned Development Zoning District shall continue to apply until the Planned Development Zoning District has been effectuated by any of the following:

1.

Approval of a final map in full compliance with the Planned Development Zoning District; or

2.

Approval of a building permit in full compliance with a duly issued Site Development Permit for the Planned Development Zoning District; or

3.

Commencement of a use consistent with the Planned Development Zoning District.

B.

Except where a Planned Development Zoning District has been effectuated, the regulations for uses, lot coverage, floor area ratio, density, building setback, height, parking, and other requirements applicable to its base zoning district shall continue to apply to all property located in Planned Development Zoning District.

C.

When a Planned Development Zoning District has been effectuated, the provisions of such Planned Development Zoning District approved by the City Council shall prevail over the regulations applicable to the base zoning district.

(Ord. No. 38.814, § 3, 4/15/14)