Chapter 18.440
PLANNED DEVELOPMENT USE PERMIT
Sections:
18.440.050 Review, notice, and hearing.
18.440.070 Findings and decision.
18.440.080 Post-decision procedures.
18.440.010 Purpose.
The purpose of the planned development use permit (PDUP) is to provide opportunities for high quality development that does not meet the required development standards in the residential and mixed-use zoning districts. Variations from development standards will be considered in accordance with additional higher quality site, building design or materials, landscape design, or other amenities for projects that are compatible with existing, adjacent development. PDUPs are intended to provide the necessary flexibility to produce more enhanced environmental and architectural excellence in new development than is possible under the conventional development code and to recognize that most infill development is not on uniformly shaped parcels. [Ord. 12-4. DC 2012 § 122-1016].
18.440.020 Applicability.
A PDUP is allowed subject to a use permit in all residential and mixed-use zoning districts.
A. Allowable Land Use. A PDUP applies to the development standards for a property and in no case shall a use be considered that is not allowed in the applicable zoning district as prescribed by Division II of this title (Zoning Districts – Uses and Standards).
B. Modification of Standards. A PDUP may adjust or modify, where necessary and justifiable, all applicable development standards, except as provided in subsection (C) of this section; provided, that the planning commission makes all of the findings as prescribed in CDC 18.440.070(A) (Findings).
C. Allowable Density and Intensity. A PDUP shall achieve the minimum net density or intensity (FAR) for the applicable zoning district, including density on property with an average slope of 15 percent or greater. Portions of a project may be below the minimum required net density/intensity if the project site as a whole meets the minimum net density/intensity. The net density/intensity of a project may be averaged throughout the entire property when parcels are divided by two or more districts. The net density may be above the maximum density allowed only when in compliance with Chapter 18.185 CDC (Affordable Housing). [Ord. 12-4. DC 2012 § 122-1017].
18.440.030 Review authority.
A. Design Review Board. The design review board shall review all PDUP applications based on the criteria in Chapter 18.415 CDC (Design and Site Review) and the design criteria contained in CDC 18.415.080. The design review board shall forward its recommendation to the planning commission.
B. Planning Commission. A PDUP application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Division VIII of this title (Administration). [Ord. 12-4. DC 2012 § 122-1018].
18.440.040 Application.
Applications for PDUPs shall be completed, filed, and processed in accordance with this chapter. Applications shall be accompanied by the information identified in the planned development use permit checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings required in CDC 18.440.070(A) (Findings). [Ord. 12-4. DC 2012 § 122-1019].
18.440.050 Review, notice, and hearing.
A. Review. Applications shall be reviewed by the planning division to ensure compliance with the development code and other applicable requirements.
B. Notice. The planning division shall provide notice of a public hearing in compliance with Chapter 18.500 CDC (Public Hearings).
C. Hearing. A PDUP application shall be reviewed and approved or disapproved by the planning commission at a public hearing conducted in compliance with Chapter 18.500 CDC (Public Hearings). [Ord. 12-4. DC 2012 § 122-1020].
18.440.060 Design criteria.
The planning commission shall consider the following features to determine whether a proposed PDUP meets the purpose and intent of this chapter.
A. Site Design and Orientation. Block size; lot layout, widths, and front setbacks; streets, pedestrian and bicycle areas, street connectivity; roundabouts, neck downs, curb bulbs or similar techniques; shared or clustered driveways; alley parking; visual focal points; building orientation; open space provisions; retention of significant natural features; and grading techniques.
B. Private, Common, and Recreational Open Space. Type, quantity and location of open space; trail systems, recreational amenities; and retention of adjacent open space areas.
C. Landscaping. Streetscapes; street trees; open spaces; quality and design of landscaping; use of roof gardens; creative hardscape improvements; preservation of existing landforms; integration of stormwater treatment areas into the landscape design; and preservation of protected trees.
D. Design Features. Architectural styles, four-sided design treatment, colors, a mixture of high-quality materials; building size and type; roof forms; variety and interest; high quality roofing materials, garage and porch placement; accent paving; street furniture and lighting; high-quality walls and fencing; and utility placement and screening.
E. Other Features. Site amenities and other features the planning commission deems appropriate. [Ord. 12-4. DC 2012 § 122-1021].
18.440.070 Findings and decision.
A. Findings. The planning commission shall consider the development’s positive benefits against any potential impact on the surrounding area and shall approve a PDUP with the following findings:
1. The development is in conformance with the general plan and any applicable specific plan.
2. The development is in conformance with applicable provisions of the development code and the CMC, relating to both on- and off-site improvements necessary to accommodate flexibility in site planning and property development and to carry out the purpose and intent of the zoning district.
3. The development is a comprehensive development that provides a more enhanced environment and architectural excellence (e.g., varied structure placement and orientation, mix of building sizes and types of dwellings, high quality architectural design and materials, increased landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under conventional zoning requirements.
4. The development is compatible and well integrated with existing, adjacent neighborhoods.
5. The various elements of the development, including buildings, infrastructure, landscaping, private and common open space, work together to form a comprehensive plan of sufficient unity to justify exceptions to the development standards identified in the applicable zoning district.
6. The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water) will ensure that the development would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to property or improvements in the vicinity.
7. The site is:
a. Physically suitable for the type and density/intensity of the development;
b. Adequate in shape and size to accommodate the development; and
c. Served by streets of adequate capacity for the traffic generated by the development.
8. The public need for, and the positive benefits to be derived from, the project clearly outweigh any potential negative effects it may cause.
B. Conditions of Approval. In approving a PDUP, the review authority may impose any conditions deemed reasonable and necessary to:
1. Ensure that the approval complies with the findings in subsection (A) of this section (Findings);
2. Ensure compliance with other requirements of the development code to provide compatibility with surrounding properties;
3. Accommodate flexibility in site planning and project design;
4. Provide appropriate transitional treatment;
5. Mitigate potential environmental impacts in accordance with CEQA requirements; and
6. Protect the public health, safety, and general welfare. [Ord. 12-4. DC 2012 § 122-1022].
18.440.080 Post-decision procedures.
The procedures and requirements relating to appeals, project revisions, issuance of a building permit, effective dates, lapse of approval, extensions, and revocations located in Division VIII of this title (Administration) shall apply following the decision on an application for a planned development use permit. [Ord. 12-4. DC 2012 § 122-1023].