A plan development district ("PD") is master planning mechanism for the development of larger parcels of land in residential, commercial and manufacturing zones where the existing underlying development standards do not functionally allow for reasonable development. This master planning mechanism allows for a comprehensive approach to development on a single parcel or contiguous parcels of land under single or joint ownership, and allow for flexibility in land use controls typically required by another zoning designation. The planned development mechanism encourages the use of modern planning and development techniques thereby ensuring more efficient utilization of land in the community. An approved planned development will be designated on the official zoning map with a "PD" designation. A precise plan of development ("the Plan") shall be adopted along with the "PD" designation as the implementation tool for the planned development.

(Ord. 2290 § 4 (part), 2006)

A plan development district designation is a reasonably flexible development tool that:

A.

Provides for sound and efficient development of a parcel or parcels of land with unique topographic land features and/or having irregular shape, and/or parcels affected by incompatible land uses on adjacent properties;

B.

Insures the preservation of natural land features, open space, and other valuable and desirable environmental features of a particular area;

C.

Allows the development of large residential, commercial and industrial projects in such a manner to insure that such proposed development is consistent with the elements of the general plan, any applicable specific plan, and to assure that such development will be compatible with surrounding existing and proposed land uses;

D.

Reduces or eliminates the rigidity, delays, and inequities that otherwise may result from the application of land use regulations and administrative procedures designed for small parcels of land;

E.

Allows for mixed-use (commercial/residential) development in such a manner as to insure that such proposed development is consistent with the elements of the general plan, any applicable specific plan, and to assure that such development will be compatible with surrounding existing and proposed land uses;

F.

Encourages architectural design diversity and avoids monotony in large developments by allowing greater freedom in the design of architectural elements to provide access, light, open space, and amenities in an aesthetically pleasing manner;

G.

Provides for maintenance of the open space for those who will directly benefit from it;

H.

Encourages the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods; and/or

I.

Encourages a more efficient use of public and/or private services and facilities.

(Ord. 2290 § 4 (part), 2006)

In addition to the definitions contained in Chapter 17.08 of this code, the following words and phrases shall, for the purposes of this chapter, be designated as follows, unless it is clearly apparent from the context that another meaning is intended:

"Building coverage" means all land within the planned development covered by buildings, garage building area, carport building area and other enclosed areas. All area coverage shall be computed at ground level.

"Common open space" means a parcel or parcels of land, or of water, or a combination, within the site designated for a planned development and designated and intended for the use or enjoyment of all or certain of the owners and/or occupants of the planned development. Common open space may contain such complementary structures and improvements as are necessary or desirable and appropriate for the benefit and enjoyment of all or certain of the owners and/or occupants of the planned development.

"Covenants, conditions and restrictions (CC&Rs)" means a term used to describe restrictive limitations, usually recorded as covenants, that may be placed on property and its use, and which are usually made a condition of holding title or lease. The CC&Rs are intended to preserve the physical nature and character of the development.

"Open space" refers to unimproved land, landscaped areas, improved recreation areas, recreational buildings and structures totally accessory to recreational uses, and water surfaces, all within the planned development. Open space does not include streets, public or private parking areas, storage areas or areas covered by any building, garage, carport or other structures except recreational structures.

"Precise plan of development" or "PPD" means the written and graphic materials describing the characteristics of a planned development, including, but not limited to, a plat of subdivision, all covenants relating to use; design, location and bulk of buildings and other structures; intensity of use or density of development; streets, vehicular circulation lanes, walkways and parking facilities.

(Ord. 2290 § 4 (part), 2006)

The parcel(s) proposed to be developed utilizing the planned development procedures and designation must have an area of at least:

A.

Two acres for multiple occupancy by commercial and/or industrial uses;

B.

One acre for mixed-uses (commercial/residential); and/or

C.

One-half acre for a residential uses when the housing units share a common open space and/or a common pedestrian and/or vehicular access to and from a public right-of-way.

(Ord. 2290 § 4 (part), 2006)

Planned development districts shall be created in the same manner as property is reclassified from one zoning classification to another within the city (see Chapter 17.76 of this code, Zone Changes). When a planned development district has been 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.

(Ord. 2290 § 4 (part), 2006)

The uses and densities within a planned development district must be in accordance with the underlying zoning classification for the lots in the PD. These zoning classifications are established by the zoning map of the city (prior code § 9250.2). Strict adherence to the underlying range of uses and/or density requirements may not be necessary if a reasonable mix of uses and densities can be designed to be compatible with one another within the PD and with those existing and/or proposed uses in the immediately surrounding properties provided that the mix of uses and densities is consistent with the overlying designations of the general plan for the lots in the PD. The establishment and operation of any use in the approved PD shall be in compliance with the requirements of the underlying zoning classifications and/or pursuant to Section 17.70.030, unless specifically exempted by the approved plan.

(Ord. 2290 § 4 (part), 2006)

Any development classified in a PD designation, including, but not limited to, the construction and maintenance of buildings and structures shall be accomplished in accordance with the zoning regulations applicable to the underlying zone, unless the zoning regulations and/or the development standards are made inapplicable by an express condition of the PD designation, in which case, the conditions of the PD designation take precedence. The required precise plan of development shall conform to the following design criteria:

A.

The plan shall be comprehensive, with respect to land, buildings, landscaping and their interrelationships;

B.

The plan shall provide for adequate open space, circulation, off-street parking and pertinent amenities. Buildings, structures and facilities in the project site shall be well integrated, oriented and related to the topographic and natural landscape features of the site, as well as the surrounding development patterns. In situations where multi-story structures are proposed to be developed abutting residentially developed properties, due consideration should be given to the privacy of the existing residential uses;

C.

The internal street system shall not be a dominant feature in the overall design; rather it should be designed for the efficient and safe flow of vehicles without creating a disruptive influence on the activity and function of any common areas and facilities in the project site;

D.

Common areas and recreational facilities (if provided) shall be readily accessible to the occupants of the dwelling units and shall be related to any common open space provided in the project site;

E.

Architectural harmony within the development and design compatibility with the surrounding existing and expected future development shall be obtained so far as feasible;

F.

The development characteristics such as lot area, frontage and width, coverage, density, yards/setbacks, building heights, landscaping and parking depicted in the plan shall be the standards of the underlying zoning designations. Exceptions to these standards may be allowed by the planning commission and city council when it can be demonstrated that such modified standards would result in more desirable development and are warranted in terms of the relationship of the total proposed development or units thereof to the general plan.

(Ord. 2290 § 4 (part), 2006)

An application for adoption of a planned development district designation and approval of the attendant precise plan of development shall be filed with the planning department. A processing fee shall be paid when the application is filed, the amount of the fee to be set by a city council resolution. The application shall consist of the required forms provided by the director of planning and the precise plan of development.

(Ord. 2290 § 4 (part), 2006)

This plan shall include a narrative and schematics sufficient to describe the nature of the proposed development as determined by the director of planning. The plan shall include as minimum the following information:

A.

Proof of ownership of property, or the written authorization from the owner(s) permitting such filing;

B.

Maps and drawings showing:

1.

The name, address and telephone number of the applicant, and of the person who prepared the plan,

2.

The street address and the legal description of the property involved, and the names of the nearest streets which intersect the street or streets on which the subject property is located,

3.

The number of the lots involved, if more than one, the lot dimensions and total area,

4.

The location, proposed use, size, height, floor plans, elevations of all proposed and existing buildings on the subject lot(s),

5.

Approximate size and location of proposed terraces, topographic detail including approximate grades of driveways,

6.

Cut and fill slopes, banks and terraces, topographic detail including approximate finished elevation of building pad, driveways, property lines and slopes,

7.

The location of existing natural features such as mature trees and/or other significant vegetation, water courses, rock outcrops, topographic features, viewsheds and ridgelines including the methods proposed to preserve and incorporate such elements into the proposed plan,

8.

The location of existing significant historical, cultural and archeological features in the area, including the methods proposed to preserve and incorporate such elements into the proposed plan,

9.

The location, height and type of all existing and proposed walls and fences,

10.

The location of existing and proposed pedestrian and vehicular streets and accessways,

11.

Sight distance (horizontal and vertical) at all intersections,

12.

The location, number of spaces, dimensions and circulation pattern of all existing and proposed off-street parking and loading areas and how compliance with the city's off-street parking requirements is achieved,

13.

The location of any existing and proposed outdoor lighting fixtures,

14.

The proposed landscaping for the development, including a detailed depiction of the location and height of screen planting, and a statement setting forth the method by which such landscaping shall be maintained after installation,

15.

A preliminary grading plan for the entire development, and

16.

The location, or proposed location, of all physical features, including, but not limited to, such items as firefighting facilities, utility facilities, drainage and sewage structures;

C.

A comprehensive description of the proposed project including, but not limited to, the following data:

1.

The proposed type of development (e.g., residential, commercial, industrial, mixed-use),

2.

The proposed design and use themes of the development (e.g., California Ranch, California Mission Style, family living, live-work, etc.),

3.

For residential developments or for the residential component of a mixed-use project describe:

a.

Number of residential units and proposed density,

b.

Proposed type of structures (e.g., single-family detached, town homes, condominiums, etc.),

c.

Proposed unit size(s) and amenities provided, and

d.

Proposed market (e.g., seniors, large families, empty nesters, etc.),

4.

For commercial developments or for the commercial component of a mixed-use project describe:

a.

Proposed range of commercial uses with the proposed allocation of gross floor area per type of use (e.g., sit down restaurants — eight thousand sq. ft., general retail — twelve thousand sq. ft., etc.), and

b.

The type of buildings, including gross square feet of floor space, for which pads are designed (e.g., one- or multi-story structures, freestanding pad, etc.),

5.

For industrial or manufacturing developments or for a commercial/manufacturing development describe:

a.

Proposed range of manufacturing and/or commercial uses with the proposed allocation of gross floor area per type of use (e.g., cosmetic manufacture, dry cleaning plant, restaurant, etc.),

b.

The type of buildings, including gross square feet of floor space being proposed, and

c.

Proposed market (e.g., owner-occupant, lease holder, etc.),

6.

Describe available utilities,

7.

Describe proposed treatment of "view" sites, and

8.

Describe soil conditions, including any known groundwater conditions (dump site, oil well site, natural ground, etc.);

D.

Proposed covenants;

E.

If the proposed PD is totally or partially located within a hillside area as identified in Exhibit 17.42.020 of this code, the applicant shall ensure that the precise plan of development includes all the required data and information listed in Section 17.42.030 of this code; and

F.

Other materials as the applicant or director of planning may deem appropriate.

(Ord. 2290 § 4 (part), 2006)

Applications are to be submitted by the director of planning to the engineering, fire, street and building departments for comments and recommendations. These comments and recommendations, as well as other staff reports, will be submitted to the planning commission and to the city council for their consideration.

An application for planned development district designation and precise plan of development approval shall not be approved unless the planning commission and/or city council determines that the approval is consistent with the public safety and general welfare, that the development proposed is consistent with the city's general plan and any applicable specific plan. Where such a plan has been approved, the conditions of approval and the provisions of this chapter shall be observed in the development of the planned area.

Each approved precise plan of development shall comply with the following conditions, and any other conditions imposed upon the plan by the planning commission and the city council:

A.

Compliance with Precise Plan of Development. All improvements within a planned development district shall substantially conform to the precise plan of development as adopted, amended or modified;

B.

Construction in Stages. A plan may provide for construction in phases provided that each phase includes a description of location, structures, infrastructure and the timing for completion of all phases does not exceed the time limit established in the plan; and

C.

Covenants, Conditions and Restrictions. Forms for covenants, conditions and restrictions, approved by the city attorney, may be established as a part of each precise plan of development, as the city council may direct, so as to insure compliance with the provisions of this title.

(Ord. 2290 § 4 (part), 2006)

A.

Notices of hearing before the planning commission shall be given in accord with the procedures set forth in Section 17.78.040 of this code. The planning commission shall conduct the public hearing in compliance with the provisions of Section 17.78.050 of this code. The commission and the city council must find that the application as submitted:

1.

Is in compliance with the provisions of this chapter;

2.

Is consistent with the subdivision regulations, with the general intent of the zoning regulations, with the general plan, and with any applicable specific plan;

3.

Is compatible with present and future development of the property within the immediate vicinity;

4.

Is consistent with the general peace, health, safety and general welfare;

5.

That the permitted uses and development standards adopted as part of the PD will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not have been adequately achieved under the pre-existing zoning district;

6.

That the proposed on-site streets and thoroughfares are adequate in size to accommodate the traffic volume generated by the proposed PD, and increased densities will not generate traffic in such amounts as to overload the street network outside the PD boundary;

7.

That the exceptions, if any, from the development standards of the zoning code are warranted by the design and amenities, as incorporated, are in accord with adopted policies of the planning commission and the city council;

8.

That the existing or proposed utility services and facilities are adequate for the proposed population densities and nonresidential uses; and

9.

That the proposed buildings and structures are situated in such a manner to minimize impacting the privacy of existing abutting residential uses.

B.

After making these findings, the commission shall determine by resolution whether to recommend to the city council the adoption of the planned development district designation and approval of the precise plan of development subject to pertinent conditions of approval. In cases of denial, the commission's action shall be final unless the applicant appeals to the city council pursuant to the provisions of Chapter 17.78 of this code.

(Ord. 2290 § 4 (part), 2006)

Upon receipt by the city clerk of an appeal in the case of a denial, or a copy of the commission's recommendation for approval of a plan, the clerk shall set the same for a notice hearing by the city council at its next convenient meeting pursuant to the provisions of Section 17.78.040 of this code. The hearing shall be conducted in accord with the procedures set forth in Section 17.80.050 of this code. At the meeting, the council shall consider the commission's files and all applicable staff reports, and any relevant evidence offered by any person, and determines whether the commission's action should be approved, modified or disapproved. The action of the council shall be by resolution, and shall be based upon the same factors as are applicable to the action of the commission. The action of the council shall be final.

(Ord. 2290 § 4 (part), 2006)

A plan approved pursuant hereto shall be deemed to be in compliance with Chapter 17.42 of this code, Hillside Plan Review.

(Ord. 2290 § 4 (part), 2006)

A plan approved shall be valid and in effect for a period of two years after approval by the city council. Within this period of time, the proposed development must become vested in accordance with the plan, or the plan shall be deemed to have expired at the end of two years. An application for time extension may be filed with the director of planning no less than thirty days before the date of expiration. The director of planning, for good cause, may extend the period of time up to an additional one-year period.

(Ord. 2290 § 4 (part), 2006)

A.

Minor Changes. Minor changes to the adopted plan may be approved by the director of planning at his or her discretion, provided that the proposed changes:

1.

Do not change the boundaries of the subject development;

2.

Do not change any use as shown on the adopted plan;

3.

Do not exceed ten percent of the approved development standards; and/or

4.

Do not change the intent of the adopted plan.

The decision of the director of planning may be appealed to the planning commission pursuant to Section 17.78.060 of this code.

B.

Major Changes. Major changes to the adopted plan as determined by the director of planning, including time extensions beyond the one-year administrative extension, may be approved by the planning commission and the city council pursuant to the same procedures required for its adoption (Sections 17.38.120 and 17.38.130 of this code). Certain major changes to the precise plan of development affecting the boundaries, uses, densities, etc., may require the concurrent modification of the adopted planned development district designation.

(Ord. 2290 § 4 (part), 2006)

A.

Subdivision Permits. Any application for a subdivision permit or parcel map, which includes property located in a planned development district, shall not be approved unless the proposed development of the subject property was included in a previously approved precise plan of development, or a subsequent modification to the planned development allowing for such action.

B.

Conditional Use Permits. If the establishment and operation of any proposed use within a planned development district necessitates a conditional use permit (CUP) as per the requirements of the underlying zoning classifications and/or pursuant to Section 17.70.030, such CUP shall be processed unless specifically exempted by the approved plan.

C.

Design Review Permits. All development projects proposed for property within a planned development district shall be required, as applicable, to process design review permits pursuant to Section 17.22.105 of this code.

(Ord. 2290 § 4 (part), 2006)