For purposes of this chapter, planned development permits are development permits. Different or additional permits may be required for particular uses. It can be determined whether such other permits are required by reference to the zoning district provisions applicable to the subject property.

Planned development permits run with the land, and all persons who, at any time, use or have an interest in the subject property are bound to comply with all requirements, conditions, and obligations of such permits.

(Ord. 16.83 § 2 (part), 1991)

A.

Applications for planned development permits, approvals or appeals filed pursuant to this chapter shall be filed with the director of planning. The form of such application and the information and data required to be set forth thereon shall be as prescribed by the director.

B.

A separate application shall be filed for each site. Each application shall be signed by all owners of the real property included in the site or by a person having the lawful power of attorney. The application may designate an agent who has full authority to act on behalf of the applicant, except that the agent may not sign the application, acceptance or withdrawal.

(Ord. 16.83 § 2 (part), 1991)

Every application, other than for an appeal, shall be subject to the environmental review process of the city.

(Ord. 16.83 § 2 (part), 1991)

No application shall be deemed received until the following have been provided:

A.

All fees for the application as set forth in the schedule of fees established by resolution of the council have been paid. No fee shall be deemed paid until any negotiable instrument has been cleared and funds received on the city's account.

B.

All documents specified as part of the application in this chapter or specified on the application form have been filed.

(Ord. 16.83 § 2 (part), 1991)

A.

No later than thirty calendar days after the application has been received, (in accordance with Section 17.39.040 above) by the planning department, the director shall notify the applicant if it is determined that the application is not complete. Said determination shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application.

B.

No later than thirty calendar days after the submittal of additional information in response to notification pursuant to subsection A above, the director shall notify the applicant if it is determined that the application is still not complete. Said determination shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete including a list and thorough description of specific information needed to complete the application.

C.

If the determination, pursuant to subsections A and B above, is not made within the thirty calendar-day period, the application, together with the submitted materials, will be deemed complete and the application shall be eligible for hearing on the merits. Nothing herein shall preclude the director, design review board, the planning commission or the city council from denying the application on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this title.

D.

Nothing herein precludes an applicant from waiving the right to a determination of incompleteness or from extending the period of time for a determination of completeness.

(Ord. 16.83 § 2 (part), 1991)

A.

The determination of incompleteness by the director may be appealed in writing to the planning commission.

B.

The planning commission shall review the submitted documents at a public hearing and shall issue a final written determination not later than sixty days after the receipt of the written appeal, unless the applicant agrees to extend the time period.

C.

If the determination, pursuant to this section, is not made within the sixty-calendar-day period, the application together with the submitted materials will be deemed complete and the application shall be eligible for hearing on the merits. Nothing herein shall preclude the director, design review board, the planning commission or the city council from denying the application, on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this chapter.

(Ord. 16.83 § 2 (part), 1991)

Whenever the director of planning, the planning commission or the city council holds a public hearing under this chapter, notice shall be given in accordance with Section 17.50.090 of this title.

(Ord. 16.83 § 2 (part), 1991)

A.

The application may be amended only with the consent of the decision maker (the director, the planning commission or the city council) before whom the matter is pending except where:

1.

A change in boundaries would result in a change in the requirements for notice pursuant to Section 17.39.070; or

2.

A change is determined by the director not to be covered by the environmental review prepared for the application.

B.

The applicant may withdraw the application only with the consent of the decision maker before whom the matter is pending. When the application is withdrawn, the proceeding thereon shall terminate.

(Ord. 16.83 § 2 (part), 1991)

A.

The director, design review board, planning commission or the city council in granting any planned development permit pursuant to this chapter, may issue it subject to such conditions as they may deem reasonably necessary to secure the general purposes of this title. Without limiting the generality of the preceding sentence, such conditions may include modifications to the elevations, locations, and orientation of structures and other site elements proposed in the application, limitations on use, time limitations on the commencement and completion of the work covered by the planned development permit, public facilities dedications and improvements.

B.

Certain conditions may be imposed by the director, design review board the planning commission or the city council as conditions prior to release of permit. Such conditions are conditions precedent to the effectiveness of the permit. In such cases, the director shall receive the acceptance as set forth in Section 17.39.210, but shall maintain custody of the permit and no certificate of permit shall be recorded until said condition has been satisfied.

C.

Each planned development permit issued pursuant to this chapter shall be subject to revocation for violation of any of its provisions or conditions.

(Ord. 16.83 § 2 (part), 1991)

A.

If a planned development permit is issued, irrespective of whether it is issued by the director, the planning commission, or the city council, it shall contain among its terms, provisions, and conditions, a permit development plan for the use and development of the property covered thereby and, unless expressly exempted by the director, such permit development plan shall set forth and delineate:

1.

The location and dimensions of the property included in the application,

2.

The location and dimensions of all things which comprise the permit development plan including all existing and proposed subdivisions of land; all public and private uses, all things to be constructed or planted, all paving, and all things which will be situated or done on the property including, but not limited to, without limiting the generality of the foregoing:

a.

All lots,

b.

All buildings and other structures,

c.

All public open space and all common private open space,

d.

Each different public or private use and the location and dimensions of the area to be devoted to each such use, provided that if an area is to be devoted to more than one use, each separate use of such area shall be shown and if a specific portion of such area is to be used for a particular use (or uses) such particular use (or uses) and the specific portion of the area to be devoted thereto shall be shown, the percent of the total area for each use, including public and private uses,

e.

All freeways, all public and private streets, pedestrian ways, utility, flood, drainage and sewer easements and right-of-way, and all other public or private easements and rights-of-way of any kind,

f.

All off-street parking, driveways, and off-street loading areas, including surface cross-section drawings,

g.

A landscaping and irrigation plan for all open space,

h.

The grades and locations of all on-site drainage facilities, and

i.

Any previously issued and effective planned development permit,

j.

Grading plan,

k.

Lighting plan,

l.

Planned sign program (if applicable);

3.

The use which will be made of each building and each other structure—except buildings or other structures which may be built by city on public space—to be constructed on the property, provided that if the entire building or other structure is not to be devoted to a single use, then each different use and the location and dimensions of the portion of the building or other structure to be devoted to each such use shall be set forth and delineated;

4.

The location, size, shape, total floor area, elevations, materials, color, and architectural character of each structure, including but not limited to fences, enclosures, and patios, which will be situated or constructed on the property;

5.

A statement of the total area of the property expressed in acres and in square feet;

6.

Tables showing:

a.

The total number of each type of dwelling unit, and

b.

The total amount of space for multiple residential use and for each separate nonresidential use;

7.

A statement of the number of regular, compact and handicapped off-street parking spaces for each separate use;

8.

A development schedule setting forth any phasing of construction;

9.

A plan indicating the location and type of fixtures for exterior lighting;

10.

Uses adjacent to the site;

11.

Vertical scale of proposed development;

12.

All setbacks; and

13.

Such other things as the director, the design review board, the planning commission or the city council issuing the permit may require.

B.

Any existing use, structure, sign, ingress or egress not specifically delineated on the plan shall not be allowed after the development permit has been effectuated.

(Ord. 16.83 § 2 (part), 1991)

The approval, denial or any condition placed upon the approval of any planned development permit may be appealed in accordance with Section 17.50.060.

(Ord. 16.83 § 2 (part), 1991)

It shall be a violation of this title for any person who has signed the acceptance of a planned development permit issued pursuant to this chapter to fail to secure any public improvements required by said permit within the time period specified in the permit. If no time period is specified therein, the time period for completion of improvements shall be deemed to be one year from the issuance of a building permit unless an extension has been granted in writing by the director of planning or, if no building permit is required, one year from the issuance of the planned development permit.

(Ord. 16.83 § 2 (part), 1991)

It is a violation of this title for any person responsible for construction, including, but not limited to the permit holder and any contractor thereof, to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

(Ord. 16.83 § 2 (part), 1991)

It is a violation of this title for any property owner or other person in control of any lot to fail to maintain any landscaping required by a planned development permit issued pursuant to this chapter. Any vegetation required by a planned development permit which is dead or dying shall be replaced as required by the city.

(Ord. 16.83 § 2 (part), 1991)

The director may issue a notice of noncompliance for any failure to comply with any requirement of this chapter or any condition of a planned development permit issued pursuant to this chapter. Such notice shall be sent by certified mail to all property owners and to any agent or real party in interest at the address shown for such parties on the permit. In addition, a notice will be sent to any successor in interest to the real property as shown on the last equalized assessment roll adopted by the county. If the noncompliance is not abated, corrected, or rectified within the time specified by the director in said notice, the director may issue an order to show cause why such development permit shall not be revoked, suspended or modified.

(Ord. 16.83 § 2 (part), 1991)

At the time specified in the order to show cause, or at such later time to which the matter is continued, the planning commission shall hold a hearing to determine if the planned development permit shall be revoked. The procedures set forth in this chapter for the processing of an application for a planned development permit shall equally apply to a hearing on an order to show cause except as hereinafter expressly set forth. The planning commission may revoke, modify or amend any planned development permit for noncompliance. The decision of the planning commission shall be final for all planned development permits.

(Ord. 16.83 § 2 (part), 1991)

A.

When a determination to revoke a planned development permit has become final, the city shall file a revocation certificate with the county recorder.

B.

Any building or structure built under a planned development permit which is later revoked shall be deemed to be in violation of this chapter and this title as if no such planned development permit had ever been issued.

C.

Irrespective of prior permits issued, it shall be a violation of this code to utilize any property for which planned development permit has been revoked, for any purpose which requires a planned development permit under this title, without obtaining a new planned development permit pursuant to this chapter.

(Ord. 16.83 § 2 (part), 1991)

Any planned development permit holder may, at any time, file an application form for a permit amendment with the director. An amendment shall mean any addition, deletion, or modification of any condition in the planned development permit or the permit development plan upon which the permit is based, provided that such amendment does not alter the general character, use, or intensity of the development permit to be amended.

The procedures set forth in this chapter for the processing of and application for a planned development permit shall equally apply to an application for amendment except as hereinafter expressly set forth. The review of the application for an amendment shall be limited to consideration of those conditions or specifications proposed to be amended in the application.

(Ord. 16.83 § 2 (part), 1991)

A.

The director of planning may, at his sole discretion, approve adjustments for the following:

1.

Changes to an approved planned development permit but only for minor modification of architectural elements or landscape details, (including but not limited to minor storefront alterations, relocations of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project;

2.

Signs which conform to an approved sign program, minor changes to approved sign programs and simple sign programs when such approval is required as a condition of a planned development permit;3.For planned development residential projects only: single-family residences, additions, accessory buildings or such minor structures as trellises, patio covers, swimming pools and decks where such structures are permitted by an existing effective planned development permit.

B.

An application for an adjustment must be filed on the form provided by the director and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the city council. The director, in his discretion, may refer any adjustment required to the design review board for input and recommendation prior to a final decision on the adjustment. The decision to grant, deny or condition an adjustment is an administrative determination and requires no hearing or notice. The action of the director shall be final.

However, nothing herein shall preclude the applicant from thereafter filing an application for an amendment pursuant to Section 17.39.190.

(Ord. 16.83 § 2 (part), 1991)

A.

After the time for any appeal has expired and before the expiration of thirty days after the issuance of a planned development permit, all owners or tenant applicants of the property covered thereby, in writing, on a form provided by the city, must accept the planned development permit and agree to be bound by, comply with, and do all things required of them by all of the terms and provisions of this chapter and title applicable to such planned development permits.

B.

No planned development permit shall have any force or effect prior to the time that such fully signed acceptance has been submitted to the director of planning and a certificate recorded pursuant to Section 17.39.220. If such acceptance is not submitted before the expiration of said thirty-day period, it shall not thereafter be accepted and the permit shall thereupon lapse and be null and void.

(Ord. 16.83 § 2 (part), 1991)

Upon acceptance, in accordance with Section 17.39.210, fulfillment of all conditions set forth in Section 17.39.100 and the payment of recordation fees, a certificate identifying the development permit shall be recorded by the city. The permit shall become effective upon recordation and the rights and restrictions shall run with the land.

If any planned development permit is revoked, a certificate of revocation shall be recorded with the county recorder's office.

(Ord. 16.83 § 2 (part), 1991)

No person shall use, maintain, or suffer the use or maintenance of any real property which is the subject of a valid PD permit, except in full and complete compliance with this chapter and in precise conformity to all the requirements and conditions of any planned development permit issued pursuant to this chapter.

(Ord. 16.83 § 2 (part), 1991)

No remedy provided in this chapter shall preclude limit or supersede the ability of the city or any member of the public to seek any other remedy otherwise available at law for any such violation of the chapter or for any nuisance created by any use subject to a planned development permit.

(Ord. 16.83 § 2 (part), 1991)

For purposes of this chapter, a nuisance shall mean any act or omission which obstructs or causes substantial inconvenience or damage to the public or any member thereof, in the course of, or by the manner of, the exercise of rights created by the grant of the planned development permit.

(Ord. 16.83 § 2 (part), 1991)

The filing fees charged to defray the city's costs and the expense of conducting the proceedings under this chapter shall be as set forth in the schedule of fees established by resolution of the city council.

(Ord. 16.83 § 2 (part), 1991)

The provisions of this article shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in combined base and planned development districts, hereinafter also referred to in this article as "combined districts" or "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development.

(Ord. 16.83 § 2 (part), 1991)

Unless the base zone is being utilized:

A.

No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B.

No use shall be added, changed, modified, enlarged or altered on any site which is in a planned development district except pursuant to and in accordance with a planned development permit.

C.

A planned development permit may be issued for all or any part of the property located in a planned development district.

(Ord. 16.83 § 2 (part), 1991)

A.

An application for a planned development permit shall be filed only when the property covered thereby is located in planned development zoning district.

B.

An application for a planned development permit may be filed at any time after the city council has adopted a planned development zoning ordinance on which the application for the planned development permit is based.

However, no hearing may be held on such application until the zoning ordinance has become effective.

(Ord. 16.83 § 2 (part), 1991)

Pursuant to and in accordance with the provisions of this article, the director, or the planning commission on appeal from the director's action, may issue planned development permits. Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a planned development district and nothing contained in this article shall, in any event or under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ord. 16.83 § 2 (part), 1991)

A.

Upon finding an application for a planned development permit complete pursuant to Article I of this chapter, the director shall review the application and shall set a public hearing on the application.

B.

The director shall cause notice of the time and place at which all persons may appear before the director and be heard to be given in accordance with Section 17.39.070.

(Ord. 16.83 § 2 (part), 1991)

A.

The director or the planning commission on appeal, may issue a planned development permit only if all of the following findings are made:

1.

The planned development permit, as issued, furthers the policies of the general plan;

2.

The planned development permit, as issued, conforms in all respects to the planned development zoning of the property;

3.

The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious;

4.

The environmental impacts of the project have been reviewed and considered.

B.

The planning commission or the city council shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 16.83 § 2 (part), 1991)

Any action taken by the director under this article may be appealed to the planning commission by filing, with the director of planning, a written notice of appeal as provided in Section 17.50.060.

(Ord. 16.83 § 2 (part), 1991)

After a hearing on an order to show cause pursuant to Section 17.39.170, the commission at its discretion may revoke, suspend, or modify any planned development permit upon finding that:

A.

A violation of any condition of the planned development permit was not abated, corrected or rectified within the time specified on the notice of violation; or

B.

A violation of any city ordinance or state law was not abated, corrected or rectified within the time specified on the notice of violation; or

C.

A use as presently conducted creates a nuisance.

(Ord. 16.83 § 2 (part), 1991)

Amendment may be granted at the discretion of the director or planning commission on appeal upon a finding that the amendment does not negate any findings required by Section 17.39.850.

Nothing in this section shall preclude the director or planning commission from making reasonable modifications, additions or deletions to any condition in order to protect the public peace, health, safety, morals or welfare.

(Ord. 16.83 § 2 (part), 1991)

The director shall not issue a planned development permit providing for public open space, and no planned development permit issued by the director which provides for public open space shall be valid, unless before the issuance of such permit, the city council shall have approved the provisions of such public open space and the size, shape, location, and dimensions thereof.

As used in this article, "public open space" means public park or playground land which shall be owned in fee by the city.

The city's title to and ownership of public open space shall be vested and complete as soon as such public open space shall have been conveyed to city pursuant to the provisions of any planned development permit, and immediately upon such conveyance city shall have exclusive right to the possession and use of such public open space for public park or playground purposes, including, without limiting the generality of the foregoing, the right to construct buildings or structures thereon for such purposes; and nothing contained in this article or in any other title, chapter or section of this code, shall be construed to defeat the title or ownership of city to any public open space which shall have been conveyed to city, nor to deny city such right of possession and use.

(Ord. 16.83 § 2 (part), 1991)

Any use permitted by this article shall be conducted in full compliance with all local and state laws. Any permit hereunder is subject to revocation if it is conducted in such a manner as to cause a nuisance as defined by Section 17.39.250 of this chapter.

(Ord. 16.83 § 2 (part), 1991)

In addition to conditions as set forth in Section 17.39.100, a planned development permit for the relocation of a building or part thereof may be conditioned upon the applicant providing a cash deposit, letter of deposit, or some equivalent satisfactory to the director of planning, ensuring that all work permitted and/or required by the planned development permit be completed in a timely manner. The permit shall include time limitations on the commencement and completion of the relocation, and on the commencement and completion of any required architectural and other required improvements.

(Ord. 16.83 § 2 (part), 1991)