Chapter 18.18
PD – PLANNED DEVELOPMENT DISTRICT

Sections:

18.18.010    Purposes and intended uses of the PD zoning district.

18.18.020    Methods of implementation of PD zoning district designation – Generally.

18.18.030    Uses, requirements and standards in PD district – Generally.

18.18.040    Conformance with adopted plans.

18.18.050    Initiation of zone change for PD district.

18.18.060    Contents of application by owner.

18.18.070    Steps in process when PD zoning initiated by landowners.

18.18.080    Contents of application initiated by Council or Commission.

18.18.090    Steps in process when PD zoning initiated by Commission or Council – Generally.

18.18.100    Designation of PD zone approvals on official zoning map.

18.18.110    Amendment of PD zoning district to include or exclude lands and amendments to PD plan.

18.18.120    Modifications to approved PD district requirements.

18.18.130    Permitted uses and conditional uses – Termination of such uses.

18.18.140    Height, area, lot and yard requirements.

18.18.150    Applicability of this chapter to lands within PD districts existing on its effective date.

18.18.160    Rules and procedures to implement provisions of this chapter.

18.18.010 Purposes and intended uses of the PD zoning district.

The purpose of the planned development zoning district (PD zoning district) is to provide the City with a process which authorizes more flexibility in the design of development projects with specially designated areas of the City than would be possible through the strict application of the zoning regulations contained in this title to new development in those areas. The area designated as a PD zoning district may, as determined by the Council, consist of a single parcel or may include an entire neighborhood.

It is the intent of the Council in adopting this section to encourage and facilitate the development of well-planned residential, commercial and industrial development projects in those specially designated areas through appropriate and well-designed diversification of permitted uses, conditional uses, general development standards, public and private buildings and facilities, signs, accessory structures, landscaping and open spaces.

For residential development projects in those specially designated areas, the provisions of this section are intended to encourage and facilitate the goals of the General Plan through providing a mechanism which permits the development of sound housing for persons of low, moderate and high income levels in residential projects which provide a mix of housing styles and costs, creative approaches in the development of land, more efficient and desirable use of open area, and appropriate variety in the physical development pattern and in the general development standards which apply in such designated housing areas of the City.

For commercial and industrial developments in those specially designated areas, the provisions of this section seek to encourage and facilitate groupings of appropriate nonresidential uses containing visual and operational amenities and features through the use of design standards and general development standards that have been tailored by the Council and Commission for use in connection with the development of such groupings of nonresidential uses. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.020 Methods of implementation of PD zoning district designation – Generally.

Each PD zoning district established under this section must be developed to conform to standards contained in a planned development plan (“PD plan”) for lands in the district. Each PD plan must be specially prepared and approved by the Council under the procedures provided for in this section. Implementation of the PD district can take the form of the following three (3) types of plan documents:

A. A PD plan may consist of a detailed development plan prepared for the lands in the PD zoning district which has been prepared in accordance with the standards contained in this section.

B. A PD plan may also consist of a specific plan for lands in the PD district in accordance with the requirements of Sections 65450 to 65457 of the Planning and Zoning Law which govern such plans.

C. Finally, a PD plan for development of residential lands or mixed use residential lands in a PD district may also consist of a PUD development plan prepared in accordance with the requirements of Chapter 18.21 DMC.

All PD plans must be reviewed by the Commission and approved by the Council in accordance with the requirements of this section and the Government Code before they become effective. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.030 Uses, requirements and standards in PD district – Generally.

The PD zoning district is what is commonly described as an “overlay” zoning district. Each PD zoning district created under this section must be used in combination with one (1) or more of the zoning districts that are provided for in DMC 18.01.050. Those zoning districts, when used in conjunction with the overlay PD zoning district, are referred to as “base zoning districts” and are referred to as such in this section.

The permitted uses, conditional uses, screening and landscaping requirements, performance standards, yard requirements, lot sizes, structure heights, signs, and off-street parking and loading facilities’ requirements for lands within a PD zoning district are those authorized or required by the “base zoning district” unless they are modified by ordinance enacted by the Council in connection with the adoption or amendment of the PD plan for the district.

Except as may be provided in DMC 18.18.150, no building or grading permit may be issued by the officials of the City for the construction of any structure or other private improvements in a PD zoning district until a PD plan for that district has been prepared and approved as provided for in this section. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.040 Conformance with adopted plans.

All development of lands in a PD zoning district must be consistent with the General Plan and any applicable specific plan. In addition, development standards intended to promote and protect the public health, safety and general welfare of the residents of Dixon should be included in each PD plan to the extent they are determined by the Council to be needed for each PD district.

In adopting such additional development standards, the Council should seek to avoid unduly inhibiting diversification of the permitted uses, conditional uses, public and private buildings and facilities, signs, accessory structures, landscaping and open spaces provided for in the PD plan for that district. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.050 Initiation of zone change for PD district.

An amendment of the official zoning map to designate a new PD zoning district affecting a parcel or parcels of land or to amend an existing PD zoning district to include or exclude a parcel or parcels of land shall be processed and approved in accordance with procedures contained in Chapter 18.42 DMC concerning the rezoning of lands and any additional requirements provided for in the provisions of this section.

The amendment of the zoning map to designate a new PD district or to include or exclude a parcel of property within an existing PD district may be initiated by the City Council or by the City Planning Commission.

The amendment of the zoning map may also be initiated by the owner or owners of the parcels of land that will be affected by and subject to the proposed new PD district or by the owner or owners of parcels of land that will be included in or excluded from an existing PD district.

Each application to designate a new PD zoning district which is initiated by the owner or owners of land must also include a request for approval of PD plan for the proposed district. Each application to designate a new PD zoning district which is initiated by the Council or Commission need not include a request for approval of a PD plan for the proposed district, but a PD district established under such circumstances shall not be effective until the subsequent approval of a PD plan for the district. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.060 Contents of application by owner.

An application initiated by a landowner pursuant to DMC 18.18.050 shall be prepared by the landowner or its agent and shall include the following:

A. All information required by this section for an application for the rezoning of lands.

B. A map graphically depicting the land use plan proposed in the PD plan for the PD district.

C. A description of the proposed permitted and conditional uses for the lands to be included within the PD district including a listing of any uses in a base zoning district which are to be excluded from the district and any uses not included in the base zoning district which are proposed for inclusion in the district.

D. A description of the proposed density or intensity of all such uses contained within the PD plan for lands in the PD district, including open space, landscape and park areas that are proposed in the PD plan.

E. A description of the general development standards (i.e., streets, curbs, gutters, sidewalks, lot sizes, setbacks, building coverage standards, side and back yards, driveways, parking, etc.) which are to govern all of the permitted or conditional uses proposed in the PD plan.

F. An enumeration of anticipated differences between the various standards of this zoning ordinance which would apply to development in the PD district and the standards proposed in the PD plan.

G. If the landowner proposes that the PD plan consist of a specific plan, a draft of proposed specific plan that comports with the requirements of Section 66451 of the Planning and Zoning Law.

H. If the landowner proposes that the PD plan for a residential development consist of a PUD plan, a draft of a proposed PUD development plan comporting with the requirements of Chapter 18.21 DMC.

I. Such additional information and data which may be required to be included in each application by resolutions adopted by the Commission or Council, or both. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.070 Steps in process when PD zoning initiated by landowners.

The procedure required for the creation of a new PD zoning district and the approval of a new PD plan at the request of a landowner shall be as follows:

A. The owner shall file an application with the Director requesting the amendment of the official zoning map to designate a new PD zoning district. The application shall also request the approval of a planned development plan for the lands within the new PD zoning district. The application may include requests for any other land use entitlements needed to implement the PD plan. The application shall conform to the requirements of DMC 18.18.060.

B. The PD plan proposed by the owner shall consist of one (1) of the three (3) types of planning documents referred to in DMC 18.18.020.

C. The application for creation of the new PD zoning district, the approval of the PD plan and the granting of other entitlements requested by such application shall be reviewed by the City Planning Commission and acted upon by the Council as provided in Sections 65853 to 65857 of the Planning and Zoning Law, notwithstanding any other provisions in this title authorizing the Commission to approve the PD plan or land use entitlements requested in the application.

D. If the Council elects to approve or conditionally approve the owner’s application, it shall, by ordinance:

1. Include all or a portion of the lands subject to the application in a PD zoning district established pursuant to that ordinance.

2. Approve or conditionally approve the PD plan submitted by the owner; provided, that the Council makes the following findings:

a. The proposed development in the PD plan, as approved or conditionally approved, conforms to the General Plan and any specific plan approved for that area by the City.

b. If there is any residential development proposed in the PD plan, as approved or conditionally approved, that residential development will constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood.

c. The public facilities or public facility sites proposed in the PD plan, as approved or conditionally approved, will be adequate to meet the current City standards and to serve the anticipated demand for those facilities as determined by the City Engineer.

d. The standards for parks and open space proposed in the PD plan, as approved or conditionally approved, are at least equivalent to standards otherwise specified in the zoning ordinance, the City subdivision ordinance, and other adopted plans or standards of the City which govern such matters.

e. If there are any industrial and research uses proposed in the PD plan, as approved or conditionally approved, those uses will be appropriate in area, location and overall planning for the purpose proposed; the design and development standards for those uses will create an industrial or research environment of sustained desirability and stability; and such industrial and research development will meet performance standards established by this title, if any.

f. If there are any nonresidential uses proposed in the PD plan, as approved or conditionally approved, those uses will be appropriate in area, location and overall planning for the purpose proposed and, if there is an adjacent residential neighborhood, that neighborhood will be protected from any significant adverse effects from such nonresidential development.

g. If there is a motor vehicle, bicycle and pedestrian traffic system proposed in the PD plan, as approved or conditionally approved, that system will be adequately designed to meet anticipated traffic demands and to minimize conflicts between motor vehicles, bicycles, and pedestrians.

3. Approve or conditionally approve all deviations from the requirements of this title or other applicable City development standards that will be required for the development proposed in the approved PD plan.

4. Describe all conditions other than those contained in the approved PD plan which are applicable to the use or development of the lands subject to that plan.

E. In addition, the Council may by resolution take any of the additional actions in connection with its action upon the PD plan:

1. Approve, conditionally approve or disapprove the additional land use entitlements requested in the owner’s application.

2. Grant such other approvals or conditional approvals contemplated by this section and provided for in the zoning ordinance as it deems necessary or appropriate for the implementation of the approved PD plan. Such further approvals or conditional approvals shall be subject to all requirements that pertain thereto under the provisions of this title. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.080 Contents of application initiated by Council or Commission.

An application initiated by the Council or Commission pursuant to DMC 18.18.050 shall be prepared by the Director or his or her authorized representative and shall include the following:

A. All information required by this title for an application for the rezoning of lands. No other information need be required if the Council or Commission is not seeking the approval of a PD plan.

B. If the Council or Commission is seeking the approval of a PD plan and proposes that the PD plan consist of a specific plan, a draft of a proposed specific plan comporting with the requirements of Sections 66450 to 65457 of the Planning and Zoning Law.

C. If the Council or Commission is seeking the approval of a PD plan and proposes that the PD plan for a residential development consist of a PUD plan, a draft of a proposed PUD development plan comporting with the requirements of Chapter 18.21 DMC.

D. Such additional information and data which may be required to be included in each application by resolutions adopted by the Commission or Council, or both. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.090 Steps in process when PD zoning initiated by Commission or Council – Generally.

The procedure required for the creation of a new PD zoning district or the approval of a new PD plan, or both, which is initiated at the request of Commission or Council shall be processed as follows:

A. The application to create the new PD zoning district shall be processed by the Commission and Council in the same manner as provided for in Chapter 18.42 DMC for the rezoning of property. If the PD district is created prior to the approval of a PD plan for that district, the district shall not be effective until the PD plan for that district is approved.

B. If the Director’s proposed application for the creation of the PD zoning district includes a request for the concurrent approval of a PD plan for that district, the application shall be processed, approved, conditionally approved, or disapproved in the same manner as provided for in DMC 18.18.070 for an application filed by a landowner.

C. If the Director’s proposed application for the creation of the PD zoning district does not also include a request for the approval of a PD plan for that district, an application for the approval of the PD plan may be subsequently filed by the Director at the request of the Council or Commission.

D. A subsequent Director’s application for approval of a PD plan for a PD district which has been previously approved shall be processed, approved, conditionally approved, or disapproved in the same manner as provided for in DMC 18.18.070 for an application by a landowner, except that the provisions of said section referring to the approval of the PD district shall not apply. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (12), (13).]

18.18.100 Designation of PD zone approvals on official zoning map.

Any ordinance adopted by the Council under this chapter to create a new zoning district shall direct the City Clerk to cause the official zoning map to be amended to reflect the creation of the new district by reference to the number given to such ordinance.

Any ordinance adopted by the Council under this chapter to PD plan shall also direct the City Clerk to cause the official zoning map to be amended to reflect the creation of the new district by reference to the number given to such ordinance.

If the PD zoning district approval does not include the approval of a PD plan, the PD zoning designation on the map shall be noted by the symbol “PD-(Base Zoning District Designation)-(Ordinance Number Approving PD Zoning District).”

If the PD plan consists of a detailed planned development plan prepared in accordance with the requirements of this chapter, the PD zoning designation on the map shall be noted by the symbol “PD-PDP (Base Zoning District Designation or Designations)-(Ordinance Number Approving PD Zoning District and PD Plan).”

If the PD plan consists of a specific plan prepared in accordance with the requirements of this chapter, the PD zoning designation on the map shall be noted by the symbol “PD-SP (Base Zoning District Designation)-(Ordinance Number Approving PD Zoning District and Plan).”

If the PD plan consists of a PUD development plan prepared in accordance with the requirements of Chapter 18.21 DMC, the PD zoning designation on the map shall be noted by the symbol “PD-PUD (Base Zoning District Designation)-(Ordinance Number PD Zoning District and Approving Plan).”

The City Clerk shall also cause the official zoning map to be amended to include reference to the number given to any subsequent ordinance or ordinances approving modifications to the PD zoning district or modifications to the approved PD plan. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.110 Amendment of PD zoning district to include or exclude lands and amendments to PD plan.

Any approved PD zoning district may be amended to include or exclude any parcel of land in the same manner which is required by the zoning ordinance and the Planning and Zoning Law for a rezoning of lands within the City. Such a rezoning may be initiated by either the owner of land which is to be included or excluded from the PD zoning district or by the Council. The rezoning of the land to include or exclude it within a PD district must be consistent with the General Plan and any approved specific plan which is applicable to said land.

Any ordinance enacted by the Council approving the inclusion of a parcel or parcels of land within an existing PD zoning district shall make such land subject to the requirements of the approved PD plan as specified in said ordinance and shall contain, to the extent applicable, the findings required by DMC 18.18.070(D). The ordinance may also contain such other terms and conditions relating to the permitted and conditional uses applicable to the land or the development standards applicable to the land as the Council deems appropriate under the circumstances. The ordinance amendment shall be subject to processing as provided in Section 65854 of the Planning and Zoning Law. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (14).]

18.18.120 Modifications to approved PD district requirements.

The terms and conditions of any approved PD plan or an ordinance approving a PD plan or creating a PD district may be amended by ordinance, which is processed and approved in the same manner as required in DMC 18.18.090 for an ordinance which initially approves a PD plan.

The process to be followed by the Commission and Council in amending any approved PD plan shall be governed by the provisions of Section 65853 of the Planning and Zoning Law.

Nonsubstantial modification to the requirements of a PD plan or an ordinance approving a PD plan or creating a PD district may be made without ordinance amendment as follows:

A. A modification to the requirements of a PD plan or an ordinance approving a PD plan which is not a substantial change in said requirements may be approved by the City Planning Commission upon application of the owner or owners of lands within the PD district subject to that PD plan or ordinance whose lands would be affected by the modification. The application requesting the modification shall be approved by City Planning Commission following a public hearing noticed as required by Section 65091 of the Planning and Zoning Law.

B. For the purpose of this section, “substantial change” shall mean any change in permitted or conditionally permitted land usage in a PD zoning district, any elimination, addition or rerouting of streets, highways, public parks or facilities or any other change in the approved development standards applicable to a use in the PD zoning district that would materially affect said uses or materially affect adjoining properties as reasonably determined by the City Planning Commission upon consideration of such evidence presented to it at the hearing on such modification.

C. A determination made by the City Planning Commission that a revision is or is not substantial may be appealed to the Council as provided in Chapter 18.40 DMC.

D. The City Council may, by resolution, designate types of minor modification to the approved requirements of a PD plan which may be approved by the Commission consistent with the intent and requirements of this section.

E. All approved modifications must be found and determined to be consistent with the General Plan and any applicable specific plan before they are approved by the Commission or Council. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.130 Permitted uses and conditional uses – Termination of such uses.

In the absence of any provision to the contrary in an ordinance designating a PD zoning district or an ordinance approving a PD plan, the permitted uses and conditional uses of any parcel of land included in a PD zoning district shall be any use, or combination of uses, which would be authorized by the base zoning district or base zoning districts for that PD zoning district.

Permitted uses in a PD zoning district may be subject to such conditions as are imposed, or which have been imposed, by the Council in connection with the approval of the PD zoning district or the PD plan. In such event, uses approved subject to such conditions are also subject to modification or termination, or both, in the same manner as provided for in Chapter 18.25 DMC for uses which have been established under a conditional use permit. Such conditions shall govern the use to which they apply so long as said use is situated in the PD zoning district.

Conditional uses within a PD zoning district shall be those authorized by the base zoning district or the base zoning districts applicable to the PD zoning district, but the ordinance approving a PD zoning district may both add and delete conditional uses to those authorized by the provisions of the sections of this zoning ordinance, which govern conditional uses in the base zoning districts. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.140 Height, area, lot and yard requirements.

Except as provided in an approved PD plan or an ordinance approving the creation of a PD zoning district or in approving a PD plan, all uses in a PD zoning district shall conform to the height, area, lot and yard, parking, loading, and other standards normally required for permitted uses or conditional uses in the base zoning district for the PD district.

When two (2) or more base zoning districts have been combined and designated in the creation of the PD zoning district as being applicable to a parcel of land in that district, the following process shall be used to determine the applicable height, area, lot and yard, parking, loading, and other development standards normally required for permitted uses or conditional uses in the PD zoning district:

A. If the use is a permitted use in only one (1) of the base zoning districts in a PD zoning district, then the applicable height, area, lot and yard, parking, loading, and other development standards normally required for that permitted use in the zoning district in which it is permitted shall apply to the lands upon which the use is located.

B. If the use is a conditional use in only one (1) of the base zoning districts in a PD zoning district, then the applicable height, area, lot and yard, parking, loading, and other development standards normally required for that permitted use in the zoning district in which it is a conditional use shall apply to the lands upon which the use is located.

C. If the use is a permitted use or a conditional use in two (2) or more of the base zoning districts in a PD zoning district, then the applicable height, area, lot and yard, parking, loading, and other development standards normally required for the most restrictive zoning district within the base zoning district shall apply to the land upon which the use is located.

D. In determining which is the most restrictive zoning district within the base zoning districts in a PD zoning district, for purpose of determining which height, area, lot and yard, parking, loading, and other development standards apply under subsection C of this section, the following rules shall apply:

1. Residential zoning districts, including the planned mixed use zoning district, are more restrictive than office and administrative zoning districts.

2. The professional office and administrative zoning district is more restrictive than commercial zoning districts.

3. Commercial zoning districts are more restrictive than industrial zoning districts.

4. Each of the following listed residential zones is more restrictive than the subsequent listed residential zone: R1-20,000, R1-10,000, R1-7,000, RM1, RM2, PMR.

5. Each of the following listed commercial zones is more restrictive than the subsequent listed commercial zone: PAO, CN, CD, CC, CH, PMU, CS.

6. Each of the following listed industrial zones is more restrictive than the subsequent listed industrial zone: ML, MH.

E. Examples of the rules in subsection D of this section are as follows:

1. If the property in question is zoned PD-R-10-R-7, the R-10 base zone is the more restrictive zone and its height, area, lot and yard, parking, loading, and other development standards would apply to the development of the property in the absence of provisions in an approved PD plan to the contrary.

2. If the property in question is zoned PD-ML-PAO, the PAO base zone is the professional office and administrative zone and is therefore more restrictive than the ML base zone, which is an industrial base zone, and the height, area, lot and yard, parking, loading, and other development standards of the PAO zone would apply to development on the property in the absence of provisions in an approved PD plan to the contrary.

3. If the property in question is zoned PD-ML-MH, the ML base zone is the more restrictive base zone and its height, area, lot and yard, parking, loading, and other development standards would apply to development on the property in the absence of provisions in an approved PD plan to the contrary. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.150 Applicability of this chapter to lands within PD districts existing on its effective date.

The provisions are intended to apply to all lands located within PD zoning districts which are in existence on the effective date of this chapter subject to the following provisions:

A. Any use of land in a PD zoning district on the effective date of this chapter that was approved by the Commission or the Council prior to the effective date of this chapter without approval of a PD plan for that parcel and for which a building permit or grading permit has issued prior to the effective date of this chapter shall not be affected by the provisions of this chapter. For purposes of this chapter, said use of land shall be deemed to have been approved by a PD plan and may continue indefinitely without compliance with the provisions of this chapter requiring the approval of a PD plan. Any new use of such land commenced after the effective date of this chapter shall be subject to the provisions of this chapter and must be consistent with a PD plan approved pursuant to this chapter for that parcel of land.

B. Any parcel of property in a PD zoning district on the effective date of this chapter for which a parcel map or subdivision map was approved by the Commission or Council concurrent with or subsequent to the creation of that PD zoning district by the Council shall not be affected by the provisions of this chapter. For purposes of this chapter, any use of that parcel which is consistent with the base zoning district, or base zoning districts, and the provisions of DMC 18.18.140 may be instituted and continued indefinitely without compliance with the provisions of this chapter requiring the approval of a PD plan. Any future divisions or resubdivision of said parcel shall be subject to the provisions of this chapter and must be consistent with a PD plan approved pursuant to this chapter.

C. Any other lands in a PD zoning district existing on the effective date of this chapter other than those lands which are described in and subject to the exclusions contained in subsections A and B of this section are subject to the provisions of this chapter. The use or development, or both, of said lands following the effective date of this chapter shall be subject to the requirements of this chapter. No new use of said lands may be authorized by the City or commenced by the owner thereof until a PD plan for said lands has been approved by the City Council under the provisions of this chapter; provided, however, that lands within a PD zoning district in the Northeast Quadrant specific plan area and the Southwest specific plan area may be developed in accordance with the requirements contained in any adopted specific plans for said areas.

D. The “effective date of this chapter” as used herein shall mean the effective date of the ordinance enacted by the City Council which repeals the prior version of this chapter and enacts the version set forth herein. It is the intent of the City Council to make the provisions of this chapter apply to all lands within the PD zoning districts established prior to the effective date of this chapter except as otherwise may be expressly provided in this chapter. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]

18.18.160 Rules and procedures to implement provisions of this chapter.

The Council may, by resolution, adopt such future rules and regulations, consistent with the provisions of this chapter, as it deems to be reasonable and necessary to facilitate the implementation of the provisions of this chapter and to govern the administration of those provisions by the Commission and Director. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]