Chapter 17.20
PC PLANNED COMMUNITY ZONE Amended Ord. 843

Sections:

17.20.010    Purpose.

17.20.020    Use regulations.

17.20.030    Property development standards – General requirements. Amended Ord. 843

17.20.040    Property development standards – Special requirements.

17.20.050    Performance standards.

17.20.060    Preapplication procedure.

17.20.070    Development plan.

17.20.080    Adoption of zone and/or development plan.

17.20.090    Amendments to development plan.

17.20.100    Review of development progress.

17.20.120    South Poway Planned Community.

17.20.130    Old Coach Planned Community.

17.20.140    Poway Road Planned Community.

17.20.150    The Farm in Poway Planned Community. Added Ord. 843

17.20.010 Purpose.

The planned community zone is included in the development regulations to achieve the following purposes:

A. To promote and protect the public health, safety, and welfare;

B. To implement the objectives and policies of the general plan;

C. To safeguard and enhance environmental amenities and the quality of development;

D. To attain the physical, social, and economic advantages resulting from comprehensive and orderly planned use of land resources;

E. To lessen congestion and assure convenience of access; to secure safety from fire, flood, and other dangers; to provide for adequate light, air, sunlight, and open space; to promote and encourage conservation of scarce resources; to prevent overcrowding of land and undue concentration of population; to facilitate the creation of a convenient, attractive, and harmonious community; to attain a desirable balance of residential and employment opportunities; and to expedite the provision of adequate and essential public services;

F. To facilitate development within the City in accordance with the general plan by permitting greater flexibility and encouraging more creative and imaginative designs for major urban development projects subject to large-scale community planning;

G. To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban amenities, and preservation of natural and scenic qualities of open space;

H. To provide a process for initiation, review, and regulation of large-scale comprehensively planned urban communities that affords the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities. (Ord. 113 § 1 (Exh. A 5.3.1), 1983)

17.20.020 Use regulations.

A. Allowable use in each planned community zone shall be as established by a development plan text approved by the City Council. The development plan text may incorporate uses by reference to specific base zone provisions, or may establish specific use lists with definitions pertaining thereto.

B. Existing uses within the planned community zone at the time of its establishment shall be deemed allowable and incorporated in the development plan, unless terminated, discontinued, or changed pursuant to a specific time schedule incorporated in the development plan text.

C. Unless otherwise provided by the development plan text, public utility facilities and publicly owned facilities shall be allowable subject to a conditional use permit.

D. Unless otherwise provided by the development plan text, accessory uses or facilities shall be subject to the same use regulation provisions as the principal use or facility.

E. Unless specified as subject to a conditional use permit, each allowable use in the planned community zone shall be subject to development review.

F. Home occupations pursuant to Chapter 17.28 PMC shall be allowable in each planned community.

G. Notwithstanding any provision of the municipal code to the contrary, the use of any property within any planned community zone in the City of Poway as a marijuana dispensary, cooperative, or collective, or for marijuana cultivation, delivery, manufacturing and storage, as defined in PMC 17.04.514, is prohibited. The issuance of any permit, license, or certificate for the operation of any such uses shall be prohibited.

H. Amateur radio antenna installations are a permissible accessory use to a residential use and subject to the height and other regulations contained in Chapter 17.31 PMC. (Ord. 808 § 14,

2017; Ord. 785 § 14, 2016; Ord. 771 § 6, 2014; Ord. 736 § 14, 2012; Ord. 113 § 1 (Exh. A 5.3.2), 1983)

17.20.030 Property development standards – General requirements. Amended Ord. 843

A. A planned community zone shall include a minimum area of 300 contiguous acres, under single ownership or otherwise subject to unified planning, by persons, corporations, or other entities. Property owned by public utilities, local districts or local governments will not be counted toward the 300 acre minimum, but may be used as a connector of single ownership.

B. A planned community zone may be established with or without a development plan in accordance with the procedures set forth in Chapters 17.46 through 17.52 PMC.

1. In the event the City Council establishes a planned community zone without a development plan, the uses, property development standards, performance standards and the like shall be those of the RR-A, residential rural A zone (see PMC 17.08.090 through 17.08.240) unless the previous zoning is different; then the uses, property development standards, performance standards and the like shall be those of the previous zone.

2. In the event the City Council establishes a planned community zone with a development plan it shall be subject to the following provisions:

a. Provide for the development of a comprehensively planned urban community within the zone that is superior to development otherwise allowable under alternate regulations;

b. Provide for development within the zone in a manner consistent with the general plan and with related development and growth policies of the City;

c. Provide for the construction, improvement, or extension of transportation facilities, public utilities, and public services required by development with the zone.

C. There shall be no minimum area, width, or depth requirement for individual lots, except as established by a development plan, a conditional use permit, or development review.

D. There shall be no minimum yard requirement for individual lots except as established by a development plan, a conditional use permit, or by development review.

E. There shall be no minimum usable open space requirement for individual lots, except as established by a development plan, a conditional use permit, or by development review.

F. There shall be a maximum height of 35 feet or two stories, whichever is less or as expressly authorized pursuant to an adopted specific plan, and no coverage requirement for individual lots, except as established by a development plan, a conditional use permit, or by development review. Amateur radio antenna installations are subject to the height and other regulations contained in Chapter 17.31 PMC.

G. The maximum number of dwelling units within a planned community zone shall not exceed the ability of the City to provide services in accordance with the general plan and applicable local ordinances; provided, that the distribution of units within the zone and the maximum residential density on any individual site or within designated portions of the zone shall be governed by the development plan, conditional use permit, or development review.

In the event the general plan does not establish a maximum residential density for said site, the City Council shall determine the appropriate density based on detailed review of the development plan and text and the provisions of this title.

H. Approval of a minor conditional use permit shall be required prior to the outdoor placement of “seatainers” on any property. “Seatainers” may be used for storage only and the minor conditional use permit shall regulate their placement and screening. (Ord. 771 § 7, 2014; Ord. 674 § 25, 2008; Ord. 490 § 2(5), 1997; Ord. 267 § 2(6), 1988; Ord. 113 § 1 (Exh. A 5.3.3(A)), 1983)

17.20.040 Property development standards – Special requirements.

A. The planned community zone and all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity of the zone. Site planning on the perimeter shall provide for the mutual protection of the zone and surrounding property from potential adverse influences.

B. All public streets within or abutting the development shall be dedicated and improved to City specifications for that particular classification of street. Private streets within the development shall be irrevocably offered for dedication and maintained for their intended purpose by means acceptable to and enforceable by the City. Consideration of other forms of access, such as pedestrian ways, courts, plazas, driveways, horse trails, bike trails, or open parking lots offered for dedication may be made at the time of the development plan and text consideration as a means of meeting requirements for open space or park dedication requirements.

C. All public projects and private development projects within the jurisdiction of the City that have the potential to adversely impact sensitive plant species, wildlife species, and associated natural habitats shall either demonstrate that any removal of habitat associated with the proposed development has been authorized by the California Department of Fish and Game and the U.S. Fish and Wildlife Service or comply with the adopted Poway subarea habitat conservation plan, the companion implementing agreement, and the requirements thereof including the compensation mitigation strategy, mitigation ratios, and special development requirements. (Ord. 450 § 3, 1995; Ord. 113 § 1 (Exh. A 5.3.3(B)), 1983)

17.20.050 Performance standards.

A. All development within a planned community zone shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of water courses, drainage areas, wooded areas, rough terrain, and similar natural features, and shall otherwise be so designed inasmuch as possible, to use and retain natural features and amenities to the best advantage.

B. All exterior lighting shall be constructed in accordance with PMC 17.08.220(L) and 17.10.150(H). Mechanical and electrical equipment, including air conditioners, antennas, pumps, heating or cooling or ventilating equipment, exterior lighting, or similar equipment shall be located and operated in a manner so as not to unreasonably disturb the peace, quiet, and comfort of neighboring residents. Excluding roof-mounted solar collector panels and decorative exterior lighting, all such equipment and devices shall be screened from view from any abutting street, and shall not be located in a street yard.

C. All areas for storage of maintenance equipment, and all service areas including refuse storage and collection facilities, shall be enclosed by a fence, wall, and/or landscape screen.

D. All uses within a planned community zone shall provide off-street parking and loading facilities pursuant to Chapter 17.42 PMC. The applicant may apply for and receive administrative relief from Chapter 17.42 PMC at the time of development plan tentative consideration by the City Council when verified proof has been submitted through specific examples of existing projects and/or expert testimony that supports reduced parking standards or stalls.

E. The proposed means for assuring continuing existence, maintenance and operation of the various common elements and facilities.

F. Additional site development regulations and performance standards applicable to individual uses or to designated portions of a planned community zone may be established by the development plan, conditional use permit, or development review approval pursuant to the development plan. (Ord. 674 § 26, 2008; amended during 8/97 supplement; Ord. 192 § 1 (Exh. A), 1986; Ord. 113 § 1 (Exh. A 5.3.4), 1983)

17.20.060 Preapplication procedure.

A. Prior to submitting an application for a development plan in a planned community zone, or for a planned community zone, applicant or prospective developer shall hold preliminary consultations with the Director of Development Services and other City officials to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys, and other data. Such preliminary consultations should be relative to a conceptual development plan which includes, but is not limited to, the following:

1. Proposed land uses to be developed within the zone;

2. Development concepts to be employed;

3. Schematic maps, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features;

4. A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage, and other data sufficient to illustrate phasing of development and potential impact on public service requirements.

B. Following initial preliminary consultations pursuant to this section, the Director may require submission of a housing market analysis, satisfactory to the Director of Development Services demonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the review procedure, may be made a requirement for submission of an application for a development plan in a planned community area, planned community zone, or may be requested as part of the environmental assessment or EIR.

C. Following initial preliminary consultations pursuant to this section, the Director may require submission of a commercial and/or industrial market analysis satisfactory to the Director of Development Services for any proposed shopping center or major commercial and/or industrial uses, showing the need for such uses in the location requested and the inadequacy of existing zoned sites to meet this need. The market analysis shall include, but not be limited to, the following:

1. Determination of potential trade area;

2. Determination of potential employment area;

3. Estimates of existing and future population of the trade area;

4. Estimates of existing and future employment;

5. Determination of existing and potential effective buying power in the trade area;

6. Determination of the net potential customer buying power for the proposed commercial development;

Such analysis may be requested as part of the review procedure, and may be made a requirement of submission of an application for a development plan in a planned community area, planned community zone, or may be requested as part of the environmental assessment or EIR.

D. Following initial preliminary consultation pursuant to this section, the Director may require presentation of the conceptual development plan to the City Council. Such presentation shall be for information purposes only, and shall be in addition to subsequent public review requirements pursuant to an application for a planned community zone and submission of a development plan. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 5.3.5), 1983)

17.20.070 Development plan.

The development plan which may be submitted with an application for a planned community zone or subsequent to the adoption thereof shall include the following:

A. A boundary survey map of the property and a calculation of the gross land area within the proposed zone; a tentative subdivision map may be substituted if the applicant proposes to subdivide the property;

B. A topographic map and general grading concept plan with specific sections for sensitive areas, as determined by the Directors of Development and Public Services for the property and adjacent land within 100 feet of the property, shown at contour intervals not to exceed two feet for natural slopes over two percent or less; for natural slopes over two percent contour interval shall not exceed five feet;

C. Maps and supporting tabulations showing the current general plan land use designation, the current zoning classification, and the current land use within the proposed zone and on adjacent sites within 500 feet; the location of structures and other significant improvements shall be shown;

D. A land use plan identifying areas within the proposed zone and uses to be developed therein, supported by proposed or projected acreage, population, housing units, employment, and such related planning and development data as the Director of Development Services may require;

E. A development plan indicating the general phasing or anticipated schedule; said plan shall indicate the total phasing of the planned community and areas to be developed in phases and the anticipated time schedule for beginning of construction and for completion of each phase of development; said plan shall include a pro rata share of amenities, parks, and open space; this is a generalized schedule and may be adjusted according to market constraints as the community develops;

F. A circulation plan, showing existing and proposed public and private streets, pedestrian ways, trails, and related transportation access or circulation features required to serve the proposed development; the circulation plan shall be supported by schematic designs of principal traffic and circulation improvements, and such traffic engineering data as required by the Development Director to demonstrate that existing and proposed facilities, both within and outside the zone, shall be adequate to serve land uses proposed by the development plan. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 5.3.6), 1983)

17.20.080 Adoption of zone and/or development plan.

A. An application for a planned community zone and/or development plan shall be subject to review and approval in the same manner as prescribed in Chapters 17.46 through 17.52 PMC.

B. Each planned community zone established shall be indicated on the zoning map by the letters “PC” followed by a reference number identifying the zone. The development plan as modified and approved by the City Council, is incorporated into this title.

C. An application approved for a planned community zone without a development plan shall regulate development in accordance with the RR-A, residential rural A uses, property development standards, performance standards and the like until such time as adoption of a development plan. The adoption of the development plan will repeal and replace the provisions of the residential rural A, or other previous zones. (Ord. 113 § 1 (Exh. A 5.3.7), 1983)

17.20.090 Amendments to development plan.

A. A development plan may be amended in the same manner as provided by Chapters 17.46 through 17.52 PMC for a change of zone boundaries or for a change in the regulations applicable with a zone. Amendment of a development plan shall be subject to the same findings as prescribed for initial enactment of a planned community zone and adoption of the development plan applicable to the planned community zone.

B. An amendment to a development plan may be initiated by the City Council. An amendment may also be initiated by the applicant for the planned community zone or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the planned community zone. (Ord. 113 § 1 (Exh. A 5.3.8), 1983)

17.20.100 Review of development progress.

A. The Director of Development Services shall review each planned community zone annually, and shall submit a report to the City Council containing the following:

1. A summary of the development status within the zone and an assessment of progress during the year toward completion of development authorized by the development plan including adherence to development schedules and phasing;

2. A statement of any changes in land use and economic development trends, housing market indicators, commercial and industrial development rates, or programs for provision of public facilities and services which, in the opinion of the Director, vary significantly from those upon which the development plan were based, and which could affect adversely continued progress toward completion of development within the zone.

B. A copy of the annual report of the Director shall be provided to the applicant and to such other interested parties or successors as deemed appropriate by the Director. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 5.3.9), 1983)

17.20.120 South Poway Planned Community.

In order to preserve the very low density character of the residential portions of the South Poway Planned Community, no property located within the South Poway Planned Community shall be rezoned to a zone, nor shall the Poway Municipal Code or the South Poway Planned Community development plan be amended in such a way, which would increase the residential density within the South Poway Planned Community until and unless such rezoning or amendment is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election.* (Ord. 283 § 2(G), 1988)

17.20.130 Old Coach Planned Community.

In order to preserve the very low density and intensity of development in the Old Coach Planned Community, no property located within the Old Coach Planned Community shall be rezoned to a zone, nor shall the Poway Municipal Code or the Old Coach Planned Community development plan be amended in such a way, which would increase the residential density or increase the commercial or manufacturing use permitted within the Old Coach Planned Community until and unless such rezoning or amendment is approved by ordinance adopted by the voters of the City at a special or general election, or first approved by the Poway City Council and then adopted by the voters of the City at a special or general election.* (Ord. 283 § 2(H), 1988)

 

*    Editor’s Note: PMC 17.20.120 and 17.20.130 were added by Ord. 283 and were approved by the voters at a general municipal election November 8, 1988. The language added shall not be modified or rescinded without the approval of a simple majority of the City voting at a special or general election.

17.20.140 Poway Road Planned Community.

The Poway Road Planned Community includes the area identified in the Poway Road specific plan which is intended to reflect the long-term vision and objectives for land use development and public improvements along a 2.65-mile portion of Poway Road between Oak Knoll Road and Garden Road. The project area encompasses a total of 235 acres and includes land use designations/zoning districts that support mixed-use, commercial office, general commercial, automotive, town center, and open space uses. (Ord. 814 § 8, 2017)

17.20.140 The Farm in Poway Planned Community. Added Ord. 843