This chapter shall be referred to as the "planned communities chapter."

(Ord. 214 § 1(part), 1981: prior code § 11-3-101)

This chapter is intended as an alternate process to accommodate major and unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan. This chapter is further intended to provide assurances to a land developer which will reduce the economic risks of a project while providing the city with a flexible means of promoting comprehensive planning and orderly development.

(Ord. 214 § 1(part), 1981: prior code § 11-3-201)

Unless the particular provision or the content otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Chapter 17.04 shall also govern the construction, meaning and application of words and phrases used in this chapter and development agreements entered into pursuant to the provisions of this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

"Adopted city standards" shall means those property development standards and public improvement standards contained in Chapter 17.60 and as determined by the city engineer.

"Applicant" means the developer or landowner requesting review and consideration of a proposed planned community.

"Approved planned community" means the project report, certified environmental impact report or negative declaration, and development agreement processed, completed, and approved pursuant to the provisions of this chapter.

"City administrator" means the city administrator of the city, or his designee.

"Gross area" means the area of a parcel or parcels prior to the dedication of land for any public street purpose.

"Property development standards" means those improvement standards for the development of private property, including, but not limited to, building heights, setbacks, building site area and coverage signs, landscaping, parking and access, and all special conditions required by the city as a condition in a covenant, agreement or special permit are met.

"Public improvement standards" means those standards which relate to public improvements and facilities including, but not limited to streets, street lighting, utilities and drainage systems.

(Ord. 214 § 1(part), 1981: prior code § 11-3-301)

A.

This chapter, and any development plan or agreement, shall provide the specific regulations, and development standards for any planned community as established pursuant to this chapter. Unless otherwise provided for in this chapter, or in any development plan or agreement, Chapter 17.60 shall be specifically applied to any planned community established pursuant to this chapter.

B.

Uniform city standards shall be the minimum standards for any planned community unless otherwise provided for in a development plan or agreement.

C.

All such planned communities shall be identified on the official zone map with the letter coding PC followed by a specific reference number identifying each separate planned community and such shall constitute the zone district classification for each planned community. All development plans and agreements adopted pursuant to this chapter shall be identified by reference to the corresponding designation of each PC district on the zoning map.

D.

The gross area of any planned community established pursuant to this chapter shall be determined and approved by the city council.

E.

Developments that are planned for residential uses and home ownership shall be exempt from the provisions of Section 17.50.140 where the planned community has been completed, and all provisions of the agreement have been complied with.

(Ord. 214 § 1(part), 1981: prior code § 11-3-401)

Any use may be permitted in any planned community, provided such use shall be specifically listed as a permitted use in the development agreement for the planned community. Such uses shall be located and conducted in accordance with an approved planned community and development agreement adopted pursuant to the provisions of this chapter.

(Ord. 214 § 1(part), 1981: prior code § 11-3-501)

Any use may be established as a conditional use in a planned community, provided such use be specifically listed as a conditional use subject to the provisions of the development agreement for the planned community. Such conditional uses shall be located and conducted in accordance with an approved planned community and development agreement adopted pursuant to this chapter.

(Ord. 214 § 1(part), 1981: prior code § 11-3-601)

Planned communities shall observe the following design review criteria:

A.

The overall planned community shall be comprehensive and shall embrace land, buildings, landscaping and their interrelationships and shall be substantially consistent with the general plan, except as otherwise provided in Section 17.50.100(D).

B.

The planned community shall provide for adequate permanent open areas, circulation, off-street parking, and pertinent pedestrian amenities. Building structures and facilities and accessory uses within the planned community shall be well integrated, oriented and related to the topographic and natural features of the area.

C.

The planned community shall be compatible with existing and planned land use on adjoining properties.

D.

The local street system shall be designed for the efficient and safe flow of vehicles, pedestrians, bicycles and the handicapped, without creating a disruptive influence on the activity and functions of any area or facility. In addition, design of local streets shall provide for proper and convenient service to affected parcels.

E.

The major street system within a planned community shall be designed for the efficient and safe flow of vehicles, pedestrians, bicycles and the handicapped. Major streets shall be designed using standard city lane width, capacities and travel speeds. The design shall also include adequate space and improvements and facilities for bicycles and pedestrians circulation. Design of major streets shall also provide sidewalks, adequate street lighting and concrete median islands on arterial streets.

F.

Where applicable, common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses.

G.

Compatibility of architectural design and appearance and architectural harmony with surrounding neighborhoods including signing throughout the planned community, shall be sought as far as practicable.

H.

Where applicable, an adequate variety of uses and facilities shall be provided in order to meet the needs of the planned community and adjacent neighborhoods.

I.

The planned community and each building intended for occupancy shall be designed, placed, and oriented in a manner conducive to the conservation of energy.

J.

The planned community shall be consistent with all applicable policies of the housing element of the general plan.

(Ord. 214 § 1(part), 1981: prior code § 11-3-701)

The processing of a planned community shall commence with the submission of a project report to the city administrator. The project report shall be in a form, determined by the city administrator, which will promote a complete understanding of the proposed planned community and allow for convenient modification and supplementation of such project report as the proposed planned community is reviewed and evaluated. The applicant shall submit a sufficient number of copies of the project report as determined by the city administrator. Each project report shall contain the following minimum information:

A.

Development Plan.

1.

A legal description of the exterior boundaries of the planned community;

2.

A map drawn to scale showing the boundaries of the planned community, any public or private streets, proposed building sites, and any areas proposed to be dedicated or reserved for school sites, ponding basins, parks, parkways, paths, playgrounds, public buildings, and other such public or private uses;

3.

A map drawn to scale, based upon a survey commissioned by the applicant, showing the existing and proposed topography of the planned community at contour intervals as determined appropriate by the city administrator;

4.

A land use plan, including densities and intensities of uses, for the proposed district identifying the areas proposed for each use or combination of uses identified by the development program statement;

5.

A vehicular and circulation plan for streets and rights-of-way within the planned community and for intersections and extensions of streets within the planned community indicating the proposed movement of vehicles, goods, pedestrians and bicycles within the planned community, and to and from adjacent thoroughfares;

6.

Designation of the number and type of dwelling units, gross area, and corresponding residential density for each area proposed for residential uses and the aggregate numbers and types of dwelling units, gross area, and residential density for all proposed residential uses;

7.

Description of intensity of nonresidential uses expressed as estimated floor area yield for each area of the planned community for which nonresidential uses are proposed;

8.

Location of existing buildings;

9.

Provision of an estimate of water consumption and waste water discharge (in gallons per day) for the planned community, and, a description of anomalous systems proposed for securing and supplying water, if such systems are intended for the planned community;

10.

Description of utility service systems, including gas, electricity, telephone and cable television, to be provided for the planned community;

11.

Description of storm waters and flood control systems, including location of flood control facilities;

12.

Description of energy conservation designs and techniques to be incorporated in the development of the planned community.

B.

Development Schedule.

1.

A schedule, indicating to the best of the applicant's knowledge, the approximate earliest date upon which construction or development can begin, the approximate duration of time required for completion of the development, and the approximate date or dates of occupancy;

2.

A phasing program, indicating, in the event the proposed development within the planned community is expected to require more than two years for completion and occupancy, a logical or programmed sequence of phases and related public improvements and incorporating a schedule as described in subsection A of this section for each phase of development.

C.

Development Program Statement.

1.

A complete listing of all permitted and conditional uses retained or proposed, or potentially to be included, within the planned community;

2.

A description of the nature of uses proposed, and the conditions or characteristics of occupancy, use, or operation, with particular reference to those conditions or characteristics which may warrant regulation differing from those regulations which might apply to such uses if located in one or more general zone districts within the city, and justification for any such differences;

3.

A complete listing and description, including diagrams, of all property development standards. Such listing may include references to existing provisions of this code. A statement of justification shall accompany any property development standards;

4.

A complete listing and description, including appropriate diagrams, and a statement of justification of all public improvements standards not consistent with adopted city standards which are proposed for the planned community;

5.

A complete listing and statement of justification of all proposed deviations from plans and policies identified.

D.

General Plan and Environmental Information. The applicant shall provide appropriate information for the formulation of the regulations, conditions, programs and proposed legislation necessary or convenient for the systematic implementation of the general plan. The applicant shall also provide such support documentation, studies, analysis and explanatory materials pertinent for the thorough understanding and assessment for environmental impact with procedures for implementation of the California Environmental Quality Act of 1970 as adopted by the city and if required prepare an environmental impact report.

E.

Supplemental Information. The applicant shall further provide any additional information, studies or materials which the city administrator may deem appropriate for the reasonable explanation or illustration of the planned community. Any request by the city administrator made pursuant to the provisions of this subsection shall be in writing and mailed by first class mail to the applicant or his designated representative.

F.

Appeal of City Administrator. Any action of the city administrator pursuant to subsection E of this section may be appealed within ten calendar days of the date of mailing. The appeal shall be set for hearing before the council on the earliest practical date. The council may set the city administrator's action aside only upon finding the information requested is irrelevant or insignificant to the review of the planned community. The decision of the council is final.

G.

Initial Application. Prior to, or at the time of the submission of any information required in this section, the applicant shall submit an initial application to the director. Such initial application shall identify the applicant and his representatives and generally describe the proposed planned community's technical, economic and environmental characteristics. The initial application shall be submitted prior to preparation of a draft environmental impact report.

(Ord. 214 § 1(part), 1981: prior code § 11-3-801)

A.

A tentative tract map may be submitted prior to processing a planned community development. A tract map will be subject to the conditions of the planned community development ordinance and any other conditions as may be imposed.

A precise plan of design for the planned community, or portion or phase thereof as approved and accepted by the director, must be submitted to the director for review and approval prior to the issuance of a building permit. Such plan may be submitted (1) as a part of the project report for the planned community as submitted, in which event the plan will be reviewed and considered as an integral part of the project report for the planned community, or (2) at any time after the approval of the planned community and prior to the issuance of a building permit. A tentative subdivision map or preliminary parcel map, covering at a minimum the area of the precise plan of design shall be submitted concurrently with such plan whenever the city administrator deems such map appropriate. The filing of a tentative subdivision map or a preliminary parcel map pursuant to the provisions of this section shall be deemed a waiver of the time limits contained in this title.

B.

Each precise plan of design for a planned community, or portion thereof, shall contain the following minimum information:

1.

Identification of area to be developed based upon legal description or existing or proposed lots or parcel boundary lines;

2.

Complete plan and elevations showing the site, shape, height and use of all proposed buildings and structures, with clear delineation of all architectural features, including but not limited to the type and color of exterior surface materials, all doorways and other points of building access, windows and mechanical equipment;

3.

Complete and accurate dimensions of the following:

a.

Existing and proposed lot or parcel boundaries,

b.

Plans and elevations of all buildings and structures,

c.

Roof and building projections such as cornices, eaves, fireplaces, chimneys, porches, platforms stairways and balconies, distances between building and structures, distances from structures to property lines,

d.

Width and configuration of internal streets, driveways, and other circulation features, parking garages, stalls, access areas, and loading or service areas;

4.

Proposed off-street parking, including garages, covered stalls, uncovered stalls, striping, wheel stops and directional arrows;

5.

Internal circulation system, indicating the following: existing and proposed public streets; existing and proposed right-of-way dedications; walkways, bikeways, and trails; proposed private streets and drives showing location, width, access from public streets, any proposed gates or access controls, and whether parking is to be permitted or prohibited. Provide a cross-section of private streets and drives indicating dimensions, type of paving, curbs and any proposed sidewalks;

6.

Landscaping and irrigation systems, showing location, type and size of plant material;

7.

Common facilities for residential developments, such as open space areas, swimming pools, and cabanas, recreation centers and tennis courts;

8.

Walls and fences, showing the location, dimension, and type of construction;

9.

Signs, advertising structures, and other graphics, indicating location, elevation and design;

10.

Exterior lighting, showing the location and type of lighting and whether such lighting is hooded;

11.

Exterior facilities for the handicapped, including handicapped parking facilities;

12.

On-site drainage plan;

13.

Description of measures intended to reduce energy consumption, including active solar systems, and measures to provide for passive and natural hearing and cooling opportunities;

14.

Tabulations showing the following:

a.

Total site area,

b.

Common owned open space area,

c.

Area of each lot covered by impermeable surface as paving, foundations,

d.

Total number of dwelling units,

e.

Square footage of each building,

f.

Total number of parking spaces;

15.

Such other information as the city administrator may deem appropriate or necessary.

C.

A precise plan of design, and any related tentative subdivision map or preliminary parcel map, submitted after the approval of the planned community, shall be processed pursuant to the provisions of Chapter 17.60 and reviewed pursuant to the provisions of this section.

D.

The design and use of the site, buildings and structures must be substantially consistent and compatible with the planned community and the provisions of the development agreement.

(Ord. 214 § 1(part), 1981: prior code § 11-3-901)

A.

Proposals for planned communities shall be processed as provided in this section.

B.

Preliminary Project Conferences.

1.

Prior to filing a project report for a planned community, the applicant, his engineer, and his planning consultant shall meet with the city administrator and the public works director and city engineer in order to (1) discuss property development standards and public improvement standards which may be proposed for the planned community; (2) acquaint the developer with the substantive and procedural requirements of this chapter; and (3) identify policies and issues which may create opportunities or pose significant constraints for the proposed planned community. At least thirty days in advance of such meeting, the applicant shall submit to the city administrator and the public works director a preliminary list and description of (1) all property development standards, (2) all public improvement standards not consistent with uniform city standards, and (3) all deviations from adopted plans and policies, which may be proposed for the planned community.

2.

Nothing in this section shall be construed as precluding any other conference, meeting or discussion which the applicant or the city administrator deems appropriate.

C.

Completion and Acceptance of a Project Report. No later than thirty days after the city has received a project report for a planned community, the city administrator shall determine in writing whether such project is complete and accepted for processing, and shall immediately transmit such determination to the applicant. In the event the project report is determined not to be complete, the city administrator's determination shall specify those parts of the project report which are incomplete and shall indicate the manner in which such project report may be made complete. After the city administrator accepts a project report as complete, the city administrator may, in the course of processing the project report, require the applicant to clarify, amplify, correct or otherwise supplement the information required for the project report.

D.

Amendment to Plans. A project report for a planned community shall be deemed an application for an amendment to the general plan.

E.

Fees. Prior to the time a project report for a planned community is determined to be complete and accepted for processing, the applicant shall pay such fees as provided in the master fee resolution.

F.

Distribution of Project Report. The city administrator shall distribute copies of the project report for a planned community, including the development plan, development schedule, and development program statement, and all accompanying materials to other city departments and officials, government agencies, public utilities, and private organizations who are directly concerned with the planned community.

G.

Notice of Proposed Planned Community. Not later than fifteen days after the city administrator has received the initial application for a planned community, the city administrator shall publish once in a local newspaper of general circulation notice of such application. In addition, the city administrator shall give written notice of such application to the owners of all property within the area of the proposal and within three hundred feet of the proposed planned community and any person who may have requested such notice. Such notice shall provide a brief synopsis of the proposal as indicated in the initial application.

H.

Environmental Impact Report. Prior to the planning commission and council review of the project report and proposed planned community, an environmental assessment and negative declaration or an environmental impact report as applicable, that complies with the California Environmental Quality Act of 1970, as amended, and applicable state guidelines, must be completed and submitted to the city administrator. A project report for a planned community shall not be deemed complete until a draft environmental impact report has been completed and accepted by the city administrator.

I.

Preparation of Report and Analysis.

1.

The city administrator shall cause to be prepared a written report and analysis on the proposed planned community for presentation to the planning commission and council. Such report and analysis shall contain appropriate staff recommendations and shall be served on the applicant at least ten days prior to any hearing on the proposed planned community before the planning commission.

2.

The city administrator shall develop and implement appropriate administrative procedures for the participation of interested persons, affected property owners, private organizations, public agencies, and other city departments and officials in the preparation of the report and analysis on the planned community.

J.

Planning Commission Hearing. Within thirty days of completion of the final environmental impact report, or within sixty days of the date the project report is accepted as complete, whichever date is later, the commission shall hear and consider the proposed planned community.

1.

Notice of time, place and purpose of such hearing shall be published once in a local newspaper of general circulation, not less than ten days prior to the date of the hearing and shall be mailed to all persons, organizations and agencies which participated in the preparation of the city administrator's report and analysis. The city administrator may also give such additional notice as he deems desirable and practicable.

2.

Notice of the time, place and purpose of a hearing for the consideration of a planned community proposal shall be given at least ten days in advance of such hearing to all owners of land within three hundred feet of such proposed planned community.

3.

The hearing may be continued pursuant to the provisions of Section 16.20.130.

4.

At the conclusion of the hearing, the commission shall recommend to the council approval, disapproval, or modification of the proposed planned community. Such recommendation shall include specific regulations to be applied to the proposed planned community, including, but not limited to the following:

a.

Permitted uses;

b.

Conditioned uses;

c.

Property development regulations;

d.

Public improvement standards;

e.

Special requirements where applicable;

f.

Development plan and schedule.

K.

Council Hearing. Within thirty days of commission action on a proposed planned community, a public hearing shall be set by the city clerk, noticed in accordance with subsections (J)(1) and (J)(2) of this section, and held by the council.

1.

Following such hearing the council shall adopt, modify, or reject the proposed planned community, and the specific regulations which shall govern such planned community.

2.

The hearing may be continued pursuant to the provisions of Chapter 17.52.

3.

Prior to approval of a planned community the council must find such planned community is consistent with the general plan, except as otherwise provided in Section 17.50.100(D) and that the design criteria identified in Section 17.50.070 of this chapter have been satisfied.

4.

Any decision of the council shall be final.

5.

A planned community shall be adopted by uncodified ordinance.

6.

Approval of any planned community shall include such conditions and specific regulations to be applied to the proposed planned community, including, but not limited to, the following:

a.

Permitted uses;

b.

Conditional uses;

c.

Property development regulations;

d.

Public improvement standards;

e.

Special requirements where applicable;

f.

Development plan and schedule.

L.

Applicant Modifications. Whenever the developer initiates or proposes a modification, change, or amendment to an accepted project report for a planned community, the time limits specified in this section shall be tolled for a period of thirty days following submission of such modification, change, or amendment, unless otherwise agreed to by the city administrator.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1001)

The approval of a planned community shall be subject to the applicant entering into an agreement or agreements with the city for the provision and guarantee of the terms, conditions, and regulations of the planned community as approved by the council. Such agreement shall be the legal mechanism for the full implementation and enforcement of the approved planned community. The agreement shall be prepared under the direction and supervision of the city administrator and the public works director and approved as to form by the city attorney. Such development agreement shall contain the following minimum provisions:

A.

Duration of agreement;

B.

Permitted and conditional uses;

C.

Density or intensity of uses;

D.

Location of uses;

E.

Provisions for reservation, dedication and improvement of land for public purposes;

F.

Rules, regulations, policies and detailed design of physical improvements, governing property development standards and public improvement standards;

G.

Conditions, terms, restrictions and requirements for subsequent discretionary actions, if applicable;

H.

Commencement and completion dates as specified in the development schedule;

I.

Performance security as may be required;

J.

An appeal to council process for resolution of any interpretation disputes.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1101)

A.

At least every twelve months the city administrator shall submit to council a review of each commercial, industrial, condominium and residential development agreement entered into pursuant to the provisions of this chapter.

B.

Council may terminate or modify the agreement without the consent of the applicant or his successors in interest in the event council finds and determines, on the basis of substantial evidence, the applicant or successor in interest has not complied in good faith with the terms and conditions of the agreement.

C.

The termination of a development agreement pursuant to the terms of this section shall result in the immediate withdrawal of the PC district for each area of the planned community for which a final map has not been recorded or a building permit issued subsequent to the approval of the planned community.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1201)

Unless amended or canceled pursuant to Section 17.50.150, a development agreement shall be enforceable by any applicable general, zoning, subdivision, or building regulation adopted by the council which may otherwise alter or amend the rules, regulations, or policies specified in such development agreement.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1301)

Construction drawings and plan checking documents, subsequently submitted with applications for required permits or other construction approvals pursuant to approved planned community regulations, shall conform to the precise plan of design and shall be subject to all applicable review and permit requirements in effect at the time of approval and permit issuance.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1401)

A.

A development agreement may be amended, or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner specified in Section 17.50.100(L). An amendment to an agreement shall be adopted by ordinance.

B.

Nothing in this chapter shall preclude the processing or approval of discretionary entitlements or rights or privileges identified in Chapter 17.02. Such entitlements shall be processed in the manner specified in such chapter. The property development standards, public improvement standards, and other design standards contained in the approved planned community shall be applied in the review of such entitlement applications.

C.

Any amendment to the development agreement, planned community, or precise plan of design which substantially deviates from, or substantially modifies, the terms, condition, and regulations of the approved planned community, as determined by the city administrator, shall be deemed a new request for a planned community and processed pursuant to the provisions of Section 17.50.100.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1501)

No later than ten days after the council enters into a development agreement, the city clerk shall record a copy of the agreement with the county recorder. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1601)

A.

All planned communities approved pursuant to the provisions of this chapter shall provide for property owners' associations which have jurisdiction and responsibility over commonly owned lands and facilities, landscaped areas within street rights-of-way, and any other area specified in the development agreement.

B.

A declaration of covenants, conditions, and restrictions relating to the management of the areas described in subsection A of this section shall be required. Such declaration shall provide for the following, in addition to any standards or provisions set by other applicable codes, ordinances and laws:

1.

The city shall have a right of immediate access to all portions of any common areas for the purpose of preserving the public health, safety and welfare.

2.

Each property owners' association shall be required to repair and maintain all on-site sewer and water lines.

3.

Each property owners' association shall be responsible for all charges and assessments relating to sewer, water and waste collection services provided by the city.

4.

Each property owners' association shall be responsible for maintaining all common areas and common facilities, all landscaped areas within any public or private street right-of-way, and any other areas specified in the development agreement. It shall be the obligation of each property owners' association to maintain such areas and facilities in good condition.

5.

All property owners, or their tenants, shall be responsible for providing fire and extended insurance for structures and buildings as identified in the development agreement.

6.

All property owners, or their tenants, shall be prohibited from altering or modifying any party wall or causing the alteration or addition of any electrical, mechanical, or plumbing fixture in or along any party wall.

7.

The city administrator shall have a right to veto any action of a property owners' association which may decrease the amount of regular annual assessment when the city finds such a decrease would adversely affect the long-run maintenance of any area described in subdivision 4 of this subsection. Such action of the city administrator may be appealed to the planning commission pursuant to the provisions of Chapter 17.02.

8.

Such other covenants, conditions, and restrictions which may be necessary or expedient for the fulfillment, satisfaction or enhancement of the terms of the development agreement and the planned community as approved by council.

C.

The city shall have the authority to enforce the above provisions of the declaration. Any amendment of such provisions shall require the prior written approval of the city administrator.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1701)

The provisions of Title 16 relating to planned communities shall apply to all apartments and leasing units and all residential classifications.

(Ord. 218 § 2, 1980)