Chapter 9.66
PLANNED DEVELOPMENT PERMITS
Sections:
9.66.030 Application filing, processing, and fees.
9.66.050 Project review, notice, and hearing.
9.66.060 Findings and decision.
9.66.070 Planned development permit amendment.
9.66.080 General development standards.
9.66.090 Circulation standards.
9.66.100 Landscaping standards.
9.66.120 Development schedule.
9.66.130 Conditions of approval.
9.66.140 Use of property before final action.
9.66.150 Modification of permit.
9.66.160 Post decision procedures.
9.66.010 Purpose of chapter.
The purpose of this chapter is to provide a process for approving a planned development permit which is intended to:
A. Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the development standards identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);
B. Ensure development which meets high standards of environmental quality, public health and safety, the efficient use of the City’s resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan; and
C. Incorporate a program of enhanced amenities (e.g., additional open space, improvements to an existing public facility (e.g., park or trail or related improvements, etc.)) than typically required by this Development Code. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.020 Applicability.
A. Allowed development projects. A planned development permit may only be requested for a residential, office, commercial/mixed use, or business campus-type development project.
B. Planned development permit precedes building or grading permits. For projects proposing a planned development permit, a building or grading permit shall not be issued until the planned development permit has been approved in compliance with this chapter.
C. Activities only allowed in base zoning district. A planned development permit may not authorize a land use activity that is not allowed in the base zoning district.
D. Modify standards.
1. The permit may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope (coverage, height, and setbacks), fence and wall heights, landscaping, open space, street layout, etc.) identified in this Development Code, with the exception of an increase in the applicable General Plan density/intensity.
a. If public dedicated streets are used, then the total area of all streets within the property shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size lot area required by the underlying zone. The quotient shall be the number of dwelling units permitted.
b. If all the streets and roadways are private, then the gross area of the property shall be divided by the minimum size lot area required by the underlying zone. The quotient shall be the number of dwelling units permitted.
c. If a combination of public and private streets is used, then only that total area of all of the public streets shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size lot area required by the underlying zone. The quotient shall be the number of dwelling units permitted.
2. Planned developments shall comply with the planned development guidelines adopted by resolution of the City Council.
3. Residential development projects with increased density or intensity standards may only be approved in compliance with State law (Government Code Section 65915). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.030 Application filing, processing, and fees.
A. Applications. An application for a planned development permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B. Contents. The application shall be accompanied by the information identified in the Department handout for planned development permit applications.
C. Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 9.66.060 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.040 Review authority.
A. Commission’s action. The Commission shall make a written recommendation to the Council on the planned development permit application, whether to approve, conditionally approve, or disapprove the application, based upon the findings contained in Section 9.66.060 (Findings and decision).
B. Council’s Action. Upon receipt of the Commission’s recommendation, the Council may approve, approve in modified form, conditionally approve, or disapprove the planned development permit application, based upon the findings contained in Section 9.66.060 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.050 Project review, notice, and hearing.
A. Application consistent with the purpose of chapter.
1. Each planned development permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter.
2. The Director shall submit a staff report and recommendation to the Commission for its consideration.
B. Notice and hearings.
1. Public hearings shall be required for the Commission’s recommendation and the Council’s action on a planned development permit application.
2. The public hearings shall be scheduled once the Director has determined the application complete.
3. Noticing of the public hearings shall be given in compliance with Chapter 88 of this title (Public Hearings). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.060 Findings and decision.
A. Review authority’s action. The applicable review authority may approve, conditionally approve, or disapprove an application for a planned development permit and shall record the decision and the findings upon which the decision is based.
B. Required findings. The review authority may approve a planned development permit application, with or without conditions, only if all of the following findings are made.
1. The planned development permit would:
a. Be allowed within the subject base zoning district;
b. Be consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan;
c. Be generally in compliance with all of the applicable provisions of this Development Code relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this chapter and the subject base zoning district, including prescribed development standards and applicable design guidelines; and
d. Ensure compatibility of property uses within the zoning district and general neighborhood of the proposed development.
2. The proposed project would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, incorporation of a program of enhanced amenities, etc.) than which might otherwise occur from more traditional development applications;
3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;
4. Proper on-site traffic circulation and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);
5. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development; and
6. The design, location, operating characteristics, and size of the proposed development would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.070 Planned development permit amendment.
A. Commission and Council action on requested changes. Any requested change in the planned development permit, other than those allowed by this section, shall be submitted for review and approval, in compliance with Section 9.66.040 (Review authority).
B. Added stipulations deemed reasonable and necessary. The Commission or Council may, as a condition of approval, impose added stipulations or changes to the planned development permit as it deems reasonable and necessary to carry out the purpose and intent of this chapter.
C. Minor changes by Director. Minor changes in the planned development permit which do not involve an increase in building area, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with Section 9.82.100 (Changes to an approved project). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.080 General development standards.
The following general development standards shall apply to any planned development permit:
A. Design requirements. All of the provisions of Chapter 56 of this title (Site Plan Review) pertaining to design requirements shall be met unless waived or modified by the Council.
B. Open storage of equipment and/or materials prohibited. There shall be no open storage of equipment and/or materials within the project area, except as approved by each permit.
C. Solid waste/green waste/recyclable materials storage areas.
1. For townhouse and clustered unit projects, adequate solid waste/recyclable materials and, where required, green waste storage areas shall be provided and enclosed as approved by the Director.
2. Adequate solid gates and a vehicular access to these storage areas shall be provided. This requirement may be waived where individual pickup service is authorized in compliance with this Development Code.
D. Yards.
1. Yards: Residential PD. There shall be no minimum front, side, or rear yards required within an individually recorded lot. However, each dwelling unit shall have a minimum private yard or patio area of three hundred (300) square feet. This private yard or patio area shall have a minimum dimension of ten feet (10') and shall have direct access from the dwelling unit.
2. Yards: Nonresidential PD. There shall be no minimum front, side, or rear yards required within an individually recorded lot. However, property setbacks adjacent to residential land uses and public streets shall comply with the underlying zone district. Special setbacks described in specific plan documents shall be adhered to.
E. Space between structures.
1. Dwelling units may be constructed with walls in common as a townhouse type or clustered with only portions of adjacent units connected.
2. No minimum distance between structures shall be required; provided, the review authority determines that this type of development is likely to produce a more functional, enduring, and desirable residential environment and that no adverse effect to adjacent dwelling units would result. The separation between units shall comply with all applicable building and fire codes.
F. Storage of recreational vehicles. The storage of recreational vehicles within the project area shall be allowed, in compliance with the following provisions:
1. Highway operative recreational vehicles (e.g., camper-trucks, motor homes, etc.) shall be stored within the enclosed or covered parking spaces for each unit or be placed within a separate, enclosed, and approved communal storage facility.
2. Other recreational vehicles (e.g., boats, trailers, etc.), shall be stored only within a separate, enclosed, and approved communal storage facility within the project, or at another appropriate off-site location.
3. The storage facility shall be enclosed with a minimum six-foot (6') wall or fence or be appropriately fenced and screened with exterior landscaping. The location, size, and type of materials used for the enclosure shall be subject to the approval of the review authority.
G. Undergrounding of utilities. All new and existing utilities on the subject property shall be placed underground unless otherwise waived by the provisions of Chapter 5 of Title 7.
H. Owners association required. An owners association shall be required for the purpose of maintaining common areas and enforcing the covenants, conditions and restrictions (CC&Rs), unless otherwise approved by the City Council. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.090 Circulation standards.
Circulation facilities shall be provided in compliance with the following standards:
A. Access.
1. Location and number of access points. The location and number of access points to the development and the interior circulation pattern shall require the approval of the Director.
2. Minimum of two (2) access points. There shall be no less than two (2) points of access. This requirement may be modified by the Director.
B. Curbs and gutters.
1. Curbs and gutters, where required by the City Engineer for drainage purposes, shall be installed on all private drives and roadways.
2. The curbs and gutters shall be of a type acceptable to the City Engineer.
C. Private driveway widths. When private driveways are to be used in place of public streets, the following pavement widths shall be required.
1. When traffic movement is two (2) way, and on-street parking is not allowed, the minimum paved width shall be twenty-six feet (26').
2. Where traffic movement is two (2) way and parallel on-street parking is allowed on one side only, the minimum paved width shall be thirty-two feet (32').
3. Where traffic movement is two (2) way, and parallel on-street parking is allowed on both sides, the minimum paved width shall be thirty-six feet (36').
4. Where perpendicular parking is allowed, and the private drive serves as the aisle for parking, the minimum paved width shall be twenty-six feet (26').
5. No obstructive landscaping, except for grass or similar low level groundcover, shall be allowed.
D. Streets and drives.
1. Over one hundred feet (100') in length. All streets or drives over one hundred feet (100') in length shall either:
a. Connect to another street; or
b. Be terminated by a turnaround having a minimum radius of fifty-two feet (52').
2. Cul-de-sac streets. Cul-de-sac streets or drives shall not exceed five hundred feet (500') in length.
E. Structural specifications of streets.
1. Public streets. Public streets within the development shall be constructed to City standards.
2. Private streets. Private streets within the development shall have a structural section based on the same design life as applied to public streets and shall be constructed to City specifications. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.100 Landscaping standards.
Landscaping shall be provided in compliance with Chapter 28 of this title (Landscaping Standards). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.110 Parking standards.
Off-street parking provisions may be reduced by a planned development permit provided the applicant can demonstrate, to the satisfaction of the City, that the proposed parking adequately meets the parking demand for the project and is in compliance with all of the provisions of Chapter 32 of this title (Parking and Loading Standards). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.120 Development schedule.
An application for a planned development permit shall be in compliance with the following:
A. Permit application shall include development schedule. An application for a planned development permit shall be accompanied by a development schedule clearly identifying, to the best of the applicant’s knowledge, the approximate date when the construction of the project can be expected to begin, the anticipated rate of development, and the completion date.
1. The development schedule, if required by the review authority, shall become a part of the planned development permit and shall be adhered to by the owner of the property and the owner’s successors-in-interest.
2. The Director shall require the 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, in compliance with Section 9.82.070 (Performance guarantees), to cover the costs of the public improvements adjacent to the proposed development before the issuance of the building permit for the first phase of construction.
B. Development schedule for phased developments.
1. The development schedule, if it shows the total project is to be developed in phases, shall indicate the open space and amenities proposed for each individual phase.
2. The developer shall construct all amenities shown and landscape all open spaces within each phase as it is completed, prior to acceptance of the tract improvements within each particular phase of the development.
C. The City of Clovis may initiate a conditional use permit and site plan review (master site plan review) for an office planned unit development or business campus planned unit development for properties located within the R-T (Research and Technology Park) District.
D. Director to review overall progress. From time to time, the Director shall compare the actual development accomplished in the planned development with the approved development schedule.
E. Council may extend development schedule. Upon a request by the property owner, for good cause shown, and upon the recommendation of the Commission, the Council may extend the time limits of the development schedule; provided, any request for an extension of time limits shall be on file in the office of the Director no later than the date of expiration.
F. Suspension during processing of extension request. The filing of the time extension request shall suspend the actual expiration of the planned development permit until the extension request is recommended by the Commission and approved by the Council, except that no building permit shall be issued related to the planned development permit during the period of suspension. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.130 Conditions of approval.
In approving a planned development permit, the Council may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9.66.060 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.140 Use of property before final action.
Permits shall not be issued for any use or construction involved in an application for a planned development permit until and unless the same shall have become final, in compliance with Section 9.82.030 (Effective date of permits). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.150 Modification of permit.
A. Modifications by Commission. An approved planned development permit may be modified by the Commission and Council, in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees) and Section 9.66.070 (Planned development permit amendment).
B. Minor modifications by Director. Minor modifications to an approved planned development permit may be approved by the Director in compliance with Section 9.82.100 (Changes to an approved project). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.66.160 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a planned development permit application. (§ 2, Ord. 14-13, eff. October 8, 2014)