Plymouth City Zoning Code
CHAPTER 19
28 PLANNED DEVELOPMENT
§ 19.28.010 Purpose.
The purpose of Planned Development entitlement is to provide a process to allow diversity in the relationship between buildings and open spaces to create interesting physical environments and to maximize the development potential of underutilized or problematic land areas. The Planned Development entitlement is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes, and open spaces, while ensuring compliance with, and implementation of, the General Plan. Additional objectives include the provision of development consistent with site characteristics, creation of optimum quantity and use of open space, encouragement of good design, and promotion of compatible uses.
(Ord. 2014-01 § 1)
§ 19.28.020 Implementation.
The implementation of an approved Development Plan will be by a Development Agreement between the City and the applicant/developer in accordance with the provisions of Article 2.5 of the California Government Code. The provisions of such Development Agreements shall include, but not be limited to, the following listed items:
A.
Public Improvements. The City shall require posting of cash, a savings and loan certificate, or a performance bond issued by a corporate surety company in an amount to be determined by the City Engineer and be approved by the City Council to cover the cost of all or part of the public improvements deemed necessary for all on- and off-site improvements prior to the issuance of a Building Permit for the first phase of construction.
B.
Building Permits. Prior to the issuance of any Building Permit for construction in a Planned Development zone, the City Engineer and Planning Director shall ensure compliance with design, terms, and conditions of the approved Development Plan.
C.
The City Council shall annually compare the actual development accomplished with the approved development schedule. If the Development Plan is not proceeding according to the approved schedule, the Council may initiate proceedings under Chapter 19.26 (Zoning Amendments) of this title to rezone the property involved to its previous zoning classification or another classification as appropriate.
D.
Upon request of the property owner or for good cause shown, the City Council may extend the time limits of the development schedule.
(Ord. 2014-01 § 1)
§ 19.28.030 Procedure.
A.
Planned Development Application. All applications for a Planned Development District and the establishment of the Development Plan shall be submitted on the required City form, along with the adopted fee, development plan, and all application submittal requirements listed on the current permit application form.
B.
Planned Development Process. The City Council is the approving authority for the application/zoning of property to Planned Development Districts and the establishment of the Development Plan. The Planning Commission provides recommendations and the City Council approves, conditionally approves, or denies the Planned Development zoning and corresponding Development Plan in accordance with the requirements of this section. Public hearings shall be held by the Planning Commission and City Council for all applications for Planned Development Districts and/or establishment of the Development Plan. Public hearings and notices shall be provided consistent with requirements of Section 19.04.150 (Public Hearings).
1.
Planned Development Districts and/or the establishment of the Development Plans shall be adopted by resolution of the City Council.
2.
The City Council in granting approval may impose such requirements and conditions with respect to compliance with and conformity to the General Plan, Zoning Code, and Community Design Guidelines, compatibility with surrounding land and development, and other associated items as determined by the City Council.
3.
Administrative Amendments. Amendments to an approved development or its conditions of approval may be approved by the Planning Director, or designee, if he or she determines that the amendments are minor in character and are in substantial compliance with the previously approved plan.
4.
Nonadministrative Amendments. If the Planning Director, or designee, determines that a proposed amendment to an approved development or its conditions of approval would substantially affect the subject land area, or would constitute a substantial change to the approved planned development or its conditions of approval, then the amendment shall be processed and considered for approval in the same manner as the original application.
C.
Development Plan Design Objectives. The Development Plan proposal shall state how the following design objectives will be addressed:
1.
The bulk and height of buildings, land coverage, visual appearance from adjacent land, and design compatibility with on- and off-site structures and land uses.
2.
The architectural design of structures to provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the urban or suburban character of the area.
3.
The provisions of an efficient, direct, and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas.
4.
The integration of off-street parking and loading areas into the overall vehicular circulation system.
D.
Other Requirements. The City Council may require standards, regulations, limitations, and restrictions which are either more or less restrictive than those specified elsewhere in this Code, which are designed to protect and maintain property values and amenities in the community, and which foster and maintain the health, safety, and general welfare of the community, including, without limitation, any of the following:
1.
Limitations on height of buildings and structures.
2.
Percentage limitations on coverage of land by buildings and structures.
3.
Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area.
4.
The location, width, and improvement of vehicular and pedestrian access to various portions of the property, including that within abutting streets.
5.
Planting and maintenance of trees, shrubs, plants, and turf in accordance with a landscaping plan.
6.
Construction of fences, walls, and lighting.
7.
Limitations upon the size, design, number, lighting, and location of signs and advertising structures.
8.
Arrangement and spacing of buildings and structures to provide appropriate open spaces around same.
9.
Location and size of off-street loading areas.
10.
Limitations on the use of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke vibration, glare, or radiation incompatible with present or potential development of surrounding property.
11.
Architectural design of buildings and structures.
12.
Requiring instruments of credit, bonds, or any other form of security which is acceptable to ensure development as approved.
13.
The naming of roads and streets in accordance with City policy.
(Ord. 2014-01 § 1)
§ 19.28.040 Approval Findings.
The approving authority shall make the following findings to approve a Planned Development application:
A.
The proposed project does not exceed the total density allowed under the base zoning district or the General Plan land use designation.
B.
The proposed project is superior to development that could occur under the development standards of the base district in at least two of the following ways:
1.
Greater open space and common areas than required.
2.
Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains) or increases landscape buffers with adjacent properties.
3.
Utilization of the applicable design guidelines to achieve a superior site design.
4.
Utilization of the applicable residential design standards to achieve a superior subdivision design.
5.
Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations.
6.
Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space.
7.
Reduced impacts on surrounding properties in terms of privacy, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.
C.
The proposed project shall not be substantially detrimental to adjacent property, and will not materially impair the purposes of this title or the public interest.
(Ord. 2014-01 § 1)