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Whittier City Zoning Code

CHAPTER 18

42 - PLANNED DEVELOPMENT DISTRICTS

Sections:


18.42.010 - Created.

Planned development districts shall be created in the same manner as property is reclassified from one zone classification to another within the city, in the manner set forth in Chapter 18.60. When a planned development district has been so 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.

(Prior code § 9431)

18.42.020 - Purpose.

The purpose of the provisions of this chapter is to provide, with respect to properties classified in any of the R zones, and in the C-O zone for senior citizen housing only, as defined in Chapter 18.06.

A.

A reasonably flexible vehicle which will provide for the controlled development of such properties; and/or

B.

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

C.

A method for the development of such properties with projects utilizing unique design features, such as privately maintained recreational and/or service facilities available for the common use of residents of the area, or for specific groups of people such as the elderly, disabled, or handicapped; while insuring compliance with the general plan, any applicable specific plan and compatibility of use with respect to existing and future developments in surrounding areas.

(Ord. 2343 § 2, 1985: prior code § 9430)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.42.030 - Permitted uses.

No person shall construct or maintain any building, structure or use on any lot included within an established planned development district unless such building, structure or use is permitted pursuant to the regulations contained in this title, applicable to such lot by reason of its underlying zone classification. In addition to such principal permitted uses, accessory uses permitted by the underlying zone classification shall also be allowed, whether or not located on the same lot as the principal use or uses.

(Prior code § 9432)

18.42.040 - Development plan—Required.

A.

No building permit shall be issued for the construction, reconstruction or relocation of any building or structure, nor shall any use of land be commenced or permitted on any real property within the city which is included within a planned development district, unless a precise plan of development therefor (hereinafter, "plan") has been approved, in the time and manner set forth in this chapter. No such plan shall be approved unless the city council determines:

1.

That the general approval thereof is consistent with the public peace, health, safety and general welfare;

2.

That the development proposed is consistent with the city's general plan, and any applicable specific plan relating to the areas included within such plan; and

3.

That substantial compliance will be had with the purpose and intent of the zoning regulations of the city.

B.

Where such a plan has been so approved, notwithstanding any provision of this title to the contrary, the conditions of approval imposed upon such plan, and the provisions of this chapter shall be observed in development of the areas included within the boundaries of such plan, to the exclusion of the regulations applicable to the lot by reasons of its underlying zone classification.

(Prior code § 9433)

18.42.050 - Development plan—Application.

Applications for plans shall be filed with the director for approval, and shall consist of the following:

A.

Proof of ownership of property or the written authorization from the owner 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, and

2.

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

3.

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

4.

The location, proposed use, size, height, floor plans, elevations of all proposed and existing buildings on the subject lot or lots, and

5.

Approximate size and location of proposed building pads and driveways, including approximate grades of driveways, and

6.

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

7.

Natural features, which are to be preserved, and

8.

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

9.

The location of pedestrian and vehicular streets and accessways, and

10.

Sight distance (horizontal and vertical) at all intersections,

11.

The location, number of spaces, dimensions and circulation pattern of all proposed off-street parking and loading areas, and

12.

The location of any outdoor lighting fixtures, and

13.

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

14.

A preliminary grading plan for the entire development, and

15.

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

C.

A statement containing the following data:

1.

The type of building for which pads are designed, and

2.

Dwelling-unit density proposed, and

3.

Proposed covenants, and

4.

Available utilities, and

5.

Treatment of view sites, and

6.

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

D.

Such other matter as the applicant or director may deem appropriate and material to the proposal.

(Prior code § 9434)

18.42.060 - Development standards.

No plan for properties included in a planned development district shall be approved unless the same complies with the following development standards:

A.

Minimum Plan Area. No plan shall be approved unless the same includes an area of not less than the minimum lot area as set forth for the underlying zone and/or as shown on the city zoning map. Rather, the planned development procedures and standards shall not apply to legal lots which do not meet the minimum plan area standard. Legal lots which do not meet the minimum plan area may be developed to a maximum density and under development standards applicable to the next most restrictive zone category.

B.

Open Space. Every dwelling on a lot included within the boundaries of a plan shall have and maintain the following amounts of open space:

1.

R-E zone, nine thousand square feet per dwelling unit;

2.

R-1 zone, two thousand eight hundred square feet per dwelling unit;

3.

R-2 zone, one thousand two hundred square feet per dwelling unit;

4.

R-3 zone, four hundred square feet per dwelling unit;

5.

R-4 zone, two hundred fifty square feet per dwelling unit;

6.

C-O zone, one hundred fifty square feet per dwelling unit (senior citizen housing only);

Provided, that no less than four hundred square feet nor more than fifty percent of the total required open space for each unit in the R-E, R-1 and R-2 zones shall be maintained as private open space, and no less than one hundred square feet of required open space for each unit in the R-3 and R-4 zones shall be maintained as private open space.

C.

Lot Area and Width. No lot having an underlying zone classification of R-E or R-1 included in a planned development district shall be created having less than one thousand eight hundred square feet of lot area, nor be less than twenty feet in lot width. No lot having an underlying zone classification in the R-2, R-3 and R-4 zones shall be created having less than one thousand square feet of lot area, nor having a lot width of less than twenty feet.

D.

Density. The maximum dwelling-unit density in a planned development district shall not exceed the maximum density based upon the underlying zone classification and the formulas hereinafter set forth. The maximum number of dwelling units shall be determined by dividing the total land area included in the plan, exclusive of private or public streets, by the following:

1.

C-O zone, four hundred thirty-five square feet (senior citizen housing only);

2.

R-4 zone, one thousand two hundred fifty square feet;

3.

R-3 zone, one thousand seven hundred fifty square feet;

4.

R-2 zone, two thousand nine hundred square feet;

5.

R-1 zone, an amount of square footage equal to the minimum required lot area;

6.

R-E zone, an amount of square footage equal to the minimum required lot area.

E.

Off-Street Parking.

1.

Required Off-Street Parking Facilities. The off-street parking requirements of this title, based upon the underlying zone classification of the lots included within a plan, shall be observed, except that senior citizen housing projects must provide a minimum of one space for each three dwelling units.

2.

Additional Guest Parking Facilities. In addition to the off-street parking requirements set forth in subdivision (1) of this subsection, one additional parking space shall be continuously provided for each three dwelling units for the purpose of providing for guest, visitor and service parking, except for senior citizen housing projects.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.060 and enacted a new section as set out herein. The former § 18.42.060 pertained to application fees and derived from prior code, § 9435.

18.42.070 - Application—Fees.

A filing and processing fee shall be paid contemporaneously with the filing of a plan application, in an amount as set by resolution of the city council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.070 and enacted a new section as set out herein. The former § 18.42.070 pertained to application processing and derived from prior code, § 9436.

18.42.080 - Application—Processing.

Applications shall be submitted by the director to the public works, police, fire, parks, recreation and community services, and building and safety departments, and other agencies or individuals as determined to be necessary, for comments and recommendations. All such staff reports, including the planning department report, shall be submitted to the planning commission for its consideration.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.080 and enacted a new section as set out herein. The former § 18.42.080 pertained to hearing attendance by interested persons and derived from prior code, § 9439.

18.42.090 - Hearing—Attendance by interested persons.

A.

Hearings on plans before the commission and council shall be conducted so as to allow all interested persons a reasonable opportunity to be heard in connection therewith.

B.

The action of the commission and council shall be taken by resolution.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.090 and enacted a new section as set out herein. The former § 18.42.090 pertained to hearing approval by commission and notice. Refer to Code Comparative Table and Disposition List for a detailed history of derivation.

18.42.100 - Hearing—Approval by commission—Notice.

At least ten days in advance of the time set for hearing on such an application by the commission, the director shall give written notice of the time and place of such hearing to the applicant, any person requesting such notice, and all persons occupying and owning property within three hundred feet of the exterior boundaries of the property or use, at the director's discretion, involved in the proposed plan. If the commission finds that the plan as submitted:

A.

Is in compliance with the provisions of this chapter; and

B.

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

C.

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

D.

Is consistent with the general peace, health, safety and general welfare; it shall recommend to the city council approval of the plan. The commission may also recommend conditions to be imposed upon such approval, if it deems the same appropriate.

E.

If the commission finds, as a result of its consideration of the plan, that the same does not comply with subsections A, B, C or D, it shall deny the plan. In cases of denial the commission's action shall be final and conclusive, unless the applicant appeals the same to the city council by filing a written letter of appeal to the city clerk, together with a filing and processing fee in an amount set by council resolution, appealing such decision to the city council. Such an appeal shall be filed in the same manner provided in Section 18.52.120.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.100 and enacted a new section as set out herein. The former § 18.42.100 pertained to hearing approval by city council. Refer to Code Comparative Table and Disposition List for a detailed history of derivation.

18.42.110 - Hearing—Approval by city council.

Upon the receipt by the city clerk of an appeal in the case of a denial, or a copy of the commission's resolution recommending approval of a plan, the clerk shall set the same for hearing by the council at its next most convenient meeting. The city clerk shall give notice as required by Section 18.52.120 of the time and place set for consideration thereof by the council. At such time and place, the council shall consider the commission's files and all applicable staff reports, and any relevant evidence offered by any person, and determine whether the commission's action should be approved, modified or disapproved. The action of the council shall be based upon the same factors as are applicable to the action of the commission. The action of the council shall be final and conclusive.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.110 and enacted a new section as set out herein. The former § 18.42.110 pertained to development plan approval and conditions and derived from prior code, § 9441.

18.42.120 - Development plan—Approval conditions.

Each plan shall comply with the following conditions, and any other express conditions which the planning commission and/or city council deem necessary to ensure compliance with the provisions of this chapter:

A.

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

B.

Construction in Stages. A plan may provide construction in phases; and

C.

Covenants, Conditions and Restrictions. Covenants, conditions and restrictions, approved as to form by the city attorney, may be established as a part of such precise plan of development.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.120 and enacted a new section as set out herein. The former § 18.42.120 pertained to development plan subdivision applicability and derived from prior code, § 9442.

18.42.130 - Development plan—Subdivision applicability.

Any subdivision or parcel map which includes property located in a planned development district shall be denied unless such development has been approved by a plan.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.130 and enacted a new section as set out herein. The former § 18.42.130 pertained to approved plan validity. Refer to Code Comparative Table and Disposition List for a detailed history of derivation.

18.42.140 - Approved plan validity.

A plan approved pursuant to the provisions of this chapter shall be valid and in effect for the same time period as applicable to a related and approved tract or parcel map, after approval thereof by the council. The director, for good cause, may extend the period of time pursuant to this section for a reasonable period of time not to exceed an additional twelve-month period.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Editor's note— Ord. No. 3159, § 3(Exh. A), adopted Nov. 12, 2024, repealed the former § 18.42.140 and enacted a new section as set out herein. The former § 18.42.140 pertained to development standards. Refer to Code Comparative Table and Disposition List for a detailed history of derivation.