Chapter 17.39
PD PLANNED DEVELOPMENT DISTRICT

Sections:

17.39.010    Purpose.

17.39.020    Standards and requirements.

17.39.030    Preliminary development plan approval.

17.39.040    General development plan and schedule approval.

17.39.050    Findings required.

17.39.060    Planning commission and city council action.

17.39.070    Architectural and site approval.

17.39.080    Conditional uses.

17.39.090    Utilities underground.

17.39.100    Amendments.

17.39.110    Appeals.

17.39.010 Purpose.

The purpose of PD districts is to encourage and provide a means for effectuating desirable development, redevelopment, rehabilitation, and conservation in the city, which features variation in siting, mixed land uses and/or varied dwelling types. The amenities and compatibility of PD districts is to be insured through adoption of a general development plan, showing proper orientation, desirable design character and compatible land uses. (Ord. 388 § 13.01, 1975)

17.39.020 Standards and requirements.

The following provisions shall apply in a PD district:

A. A PD district may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with the purposes of this chapter and the objectives of this title. No PD district shall include less than four acres of contiguous land unless the planning commission, or the city council on appeal from the planning commission, finds that property of less than four acres is suitable as a PD district by virtue of its unique historical character, topography, land use or landscaping features.

B. No ordinance establishing a PD district shall be adopted by the city council unless there is on file with the city written consent of every property owner within such district at the time of adoption of the ordinance.

C. Standard for area, coverage, density, yard requirements, parking and screening for PD district uses shall be governed by the standards of the residential, commercial, or industrial zoning district(s) most similar in nature and function to the proposed PD district use(s), as determined by the planning commission, or the city council on appeal from the planning commission. Standards for public improvements shall be governed by the applicable ordinances and laws of the city. Exceptions to these standards may be granted by the planning commission, or the city council on appeal from the planning commission, upon a finding that such exceptions encourage a desirable living environment and are warranted in terms of the total proposed development or unit thereof. (Ord. 981 § 1, 2013: Ord. 388 § 13.02, 1975)

17.39.030 Preliminary development plan approval.

The applicant shall submit a preliminary development plan to the planning commission for approval in principle and the planning commission shall consider the preliminary development plan at a public hearing, prior to the submission of a PD district rezoning application. The planning commission’s decision to approve, conditionally approve or disapprove the preliminary development plan shall be appealable to the city council. The PD district rezoning application will not be considered absent a prior preliminary development plan approval. The filing fee for approval in principle shall be established by city council resolution. The tentative written consent of all property owners within the proposed PD district shall be on file with the city before staff study of a preliminary development plan is commenced. Approval in principle of the preliminary development plan shall be limited to general acceptability of the land uses proposed and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility. Any preliminary development plan and text shall be prepared and endorsed by an architect, landscape architect or qualified urban planner and shall include the following information, as applicable, presented in a general, schematic method:

A. Proposed land uses, population densities and building intensities;

B. Proposed circulation pattern, indicating both public and private streets;

C. Proposed parks, playgrounds, school sites, general landscaping and other open spaces;

D. A market analysis or other acceptable data or statement of proposed commercial uses, if the property is not zoned for commercial purposes at the time of submittal of the preliminary development;

E. Delineation of the units to be constructed in progression, if any;

F. Relation to future land use in surrounding area and general plan. (Ord. 981 § 2, 2013: Ord. 388 § 13.03, 1975)

17.39.040 General development plan and schedule approval.

A. If from the facts presented, the planning commission or the city council on appeal from the planning commission is able to approve, in principle, the preliminary plan, with modifications as required by the planning commission or the city council on appeal from the planning commission, the applicant may submit for rezoning classification. Otherwise, the preliminary development plan shall be denied.

B. Together with the application for rezoning classification, the applicant shall submit the following documents and supporting evidence, prepared and endorsed by the qualified professional team, which shall include an architect, civil engineer and landscape architect as appropriate:

1. A map with seven prints of a survey of the property showing existing features of the property, including specimen trees, structures, streets, easements, utility lines and land use;

2. A map with twelve prints of a general development plan which shall be in conformance with the approved preliminary development plan, showing, as appropriate, all the information required on the preliminary development plan; the approximate locations and proposed density of dwelling units; nonresidential building intensity; and the land use considered suitable in accordance with adjacent properties;

3. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and street-scapes; estimated residential population by type of dwelling for each unit in the PD district; estimated nonresidential population; proposed retail sales area and economic justification; anticipated timing for each unit; and standards for height, open space, building intensity, population density, and public improvements proposed for each unit of development;

4. Proposed type of construction, building height and area of each building or structure, and proposed distances between buildings and structures and distances to property lines shall be submitted in the general development plan;

5. Evidence that the applicant has sufficient control over the land to effectuate the proposed plan;

6. Site development and engineering feasibility studies as necessary. (Ord. 981 § 3, 2013: Ord. 388 § 13.04, 1975)

17.39.050 Findings required.

The planning commission, after a public hearing, shall make a recommendation to approve, conditionally approve or deny establishment of a PD district. The city council, after a public hearing, may by ordinance establish a PD district, provided the city council finds that the facts submitted with the application and presented at the hearings establish that:

A. The proposed PD district, or a given unit thereof, can be substantially completed within two years of the establishment of the PD district;

B. That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;

C. That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the general development plan;

D. That the PD district and general development plan are compatible with the general plan of the city and the city’s local coastal program;

E. In formulating its recommendation to the city council, the planning commission shall advise the city council with respect to each of the above-listed findings.

F. Standard for area, coverage, density, yard requirements, parking and screening for PD district uses shall be governed by the standards of the residential, commercial, or industrial zoning district(s) most similar in nature and function to the proposed PD district use(s), as determined by the planning commission. Standards for public improvements shall be governed by the applicable ordinances and laws of the city. Exceptions to these standards by the planning commission and the city council are possible when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of the total proposed development or unit thereof. (Ord. 981 § 4, 2013: Ord. 685 § 4, 1989; Ord. 388 § 13.05, 1975)

17.39.060 Planning commission and city council action.

A. If from the facts presented, the planning commission, or the city council on appeal from the planning commission, is unable to make the necessary findings, the application shall be denied.

B. In taking action, the planning commission may recommend denial of the general development plan and general development schedule as submitted, may recommend approval of said plan and schedule subject to specific amendments, or may recommend approval.

C. Major changes in the general development plan shall be considered the same as a change in the zoning map and shall be made in accordance with the provisions of this chapter.

D. If no development has occurred to effectuate a PD district development within two years after the district is created, the planning commission shall review the PD approval and determine whether or not the continuation of the subject PD district is in the public interest. The planning commission’s determination may be appealed to the city council. Absent affirmative action by the planning commission, or the city council on appeal from the planning commission, the PD approval shall automatically expire.

E. At the time of adopting any ordinance establishing a PD district, the city council shall make appropriate arrangements with the applicant to ensure the accomplishment, at the scheduled times, of the public improvements and grants of easement shown on the approved general development plan.

F. Fire zones shall be designated at the time of rezoning and such zones shall be delineated on the general development plan. (Ord. 981 § 5, 2013: Ord. 388 § 13.06, 1975)

17.39.070 Architectural and site approval.

An architectural and site approval shall be secured for the establishment and conduct of any use in a PD district, as provided in Chapter 17.63. (Ord. 388 § 13.07, 1975)

17.39.080 Conditional uses.

All uses in a PD district are conditional uses, subject to the securing of a use permit as provided in Chapter 17.60. Use permit plans shall be prepared and endorsed by a qualified professional team, which shall include an architect, landscape architect and civil engineer as appropriate. The use permit application shall include but not necessarily be limited to the following:

A. Site plan, showing building(s), various functional use areas, circulation, and their relationships;

B. Preliminary building plans including floor plans and exterior elevations;

C. Landscaping plans;

D. Engineering plans, including site grading, street improvements, drainage and public utility extensions, as necessary;

E. Minor changes may be approved by the planning commission or the city council on appeal from the planning commission, provided the changes are in accord with the intent expressed in the general development plan;

F. Notation of any activity which includes any significant alteration of an historic feature;

G. Within the coastal zone, any change in regulations concerning use or intensity of use for the planned development district shall require an LCP amendment. (Ord. 981 § 6, 2013: Ord. 685 § 5, 1989; Ord. 525 § 5 (part), 1982; Ord. 388 § 13.08, 1975)

17.39.090 Utilities underground.

Underground utilities, including telephone and electric systems, are required within the limits of all PD districts. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the planning commission finds that such exemption will not violate the intent or character of the proposed PD districts. (Ord. 388 § 13.09, 1975)

17.39.100 Amendments.

Amendments to any approval or permit in the planned development procedure shall be made by filing new applications as required. (Ord. 388 § 13.10, 1975)

17.39.110 Appeals.

All appeals to the city council taken pursuant to this chapter shall be subject to the requirements, and conducted in accordance with the procedures, set forth in Chapter 2.52 of this code. (Ord. 981 § 7, 2013)