Chapter 18.36


18.36.010    Purpose.

18.36.020    Applicability.

18.36.030    Procedures.

18.36.040    Required findings.

18.36.050    Conditions.

18.36.060    Expiration and renewal.

18.36.070    Amendments of approved plans.

18.36.080    Status of specific plan.

18.36.090    Development plan review.

18.36.100    Failure to comply with conditions.

18.36.110    Revocation or modification of planned development permit.

18.36.010 Purpose.

This chapter provides procedures for establishing a Planned Development (PD) District to facilitate orderly development of larger sites in the City consistent with the General Plan, especially where a particular mix of uses or character is desired that can best be achieved through an integrated development plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.020 Applicability.

The procedures in this chapter shall apply to all proposals to establish a PD District. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.030 Procedures.

A.    Decision-Making Body. A PD District must be adopted by the City Council. A public hearing before the Planning Commission is required prior to City Council review, and the Planning Commission shall make a recommendation to the City Council.

B.    Review Procedures.

1.    Rezoning. An application for rezoning to a PD District shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 18.35, Amendments to Zoning Ordinance and Map, and shall include a specific plan or PD plan.

2.    PD Plan. The PD plan shall be accepted and processed concurrently, in the same manner as a conditional use permit application, pursuant to Chapter 18.27, Common Procedures, and Chapter 18.30, Use Permits, although additional information is required to be submitted in order to determine that the intent of this title and the General Plan will be fulfilled.

3.    Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

C.    Initiation. An amendment to reclassify property to PD shall be initiated by a property owner or authorized agent or a motion of the Planning Commission or the City Council. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

D.    Application Content. An application for a PD, made on the prescribed form, shall be filed with the Planning Division, accompanied by the required fee. Applications shall contain all of the following:

1.    Legal Description. A legal description of the site and a statement of the number of acres, or square feet if less than one acre, contained therein.

2.    Title Report. A title report verifying the description and the ownership of the property.

3.    Ownership Declaration. A declaration as to whether the site is to remain under the same ownership and control or to be divided into small units during or after development and the manner and method of the division.

4.    Project Narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed development, including proposed uses and activities, proposed residential densities if appropriate, and physical land alteration required by the development; and the relation of the proposed PD to the San Carlos General Plan.

5.    Development Schedule. A development schedule, including anticipated timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and an indication of the proposed number and type of dwelling units by phase of development, if applicable.

6.    Maps and Diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the development and demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. These graphics shall at a minimum indicate:

a.    A map showing the perimeter boundaries of the project site, the perimeter of the ownership, the location and dimensions of any existing property lines and easements within the site, and all uses and structures within a three-hundred-foot radius of the project area boundaries;

b.    Existing and proposed changes in the topography of the site, including the degree of land disturbance, the location of drainage channels or water courses, and the direction of drainage flow in one-foot contour intervals on areas of cross-slopes of less than five percent, at two-foot intervals on areas of cross-slopes of five to ten percent, and at five-foot intervals on areas of cross-slopes exceeding ten percent;

c.    A circulation diagram indicating proposed movement of vehicles, goods, and pedestrians within the district and to and from adjacent areas, including streets and driveways, sidewalks and pedestrian ways, and off-street parking and loading areas;

d.    A site plan indicating existing and proposed uses, location and dimension of buildings and structures, gross floor area of existing and proposed structures, identification of structures to be demolished or removed;

e.    Detailed engineering site plans, including proposed finished grades and all public improvements as well as estimates of grading volume (cut and fill), with accompanying grading sections or other technical drawings acceptable to the Director of Public Works;

f.    Detailed engineering plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;

g.    A detailed tabulation of the proposed densities of dwelling units, bedroom count, building coverage, paving coverage, landscaped areas, parking dedication, and height of structures;

h.    Lighting for the building and adjacent parking and pedestrian travel areas;

i.    Utilization of buildings and structures, including activities and the number of living units;

j.    Reservation of land for public uses, including schools, parks, playgrounds, and other open spaces;

k.    Dimensioned building elevations showing proposed architectural concepts, color program and material samples; and

l.    A comprehensive sign program, including the size and location of all proposed signs.

7.    Open Space and Landscaping Plan. An existing and proposed open space and landscaping plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to and maintenance of the open area of the property.

8.    Other Information. Any other information deemed necessary by the Director to ascertain if the project meets the required findings for a PD plan and rezoning. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.040 Required findings.

A PD plan and rezoning shall only be approved if all of the following findings are made:

A.    The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

B.    The subject site is physically suitable for the type and intensity of the land use being proposed;

C.    Adequate transportation facilities and public services exist or will be provided in accord with the conditions of PD plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

D.    The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

E.    The development generally complies with applicable adopted design guidelines; and

F.    The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

1.    Appropriateness of the use(s) at the proposed location.

2.    The mix of uses, housing types, and housing price levels.

3.    Provision of units affordable to persons and families of low and moderate income or to lower income households.

4.    Provision of infrastructure improvements.

5.    Provision of open space.

6.    Compatibility of uses within the development area.

7.    Creativity in design and use of land.

8.    Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9.    Overall contribution to the enhancement of neighborhood character and the environment of San Carlos in the long term. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.050 Conditions.

In approving a PD plan and rezoning, the City Council may impose reasonable conditions deemed necessary to:

A.    Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

B.    Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;

C.    Achieve the findings listed above; or

D.    Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

The City Council may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.060 Expiration and renewal.

A.    Expiration.

1.    PD Plan. A PD plan shall be effective on the same date as the ordinance creating the PD District for which it was approved and shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding two years.

2.    Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.

3.    Phased Development. In the event that the applicant intends to develop the project in phases, and the City Council approves phased development, the PD Plan shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.

B.    Renewal. An approved PD plan that has not been exercised may be renewed for a two-year period approved by the City Council after a duly-noticed public hearing. Application for renewal shall be made in writing between thirty and one hundred twenty days prior to expiration of the original approval. The City Council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.070 Amendments of approved plans.

A.    Changed Plans. Amendments to a PD District or PD plan or specific plan may be requested by the applicant or its successors. Amendments to the approved PD District or PD plan or specific plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

B.    Major Amendments. Major amendments to an approved PD District or PD plan or specific plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:

1.    A change in the boundary of the PD District;

2.    An increase or decrease in the number of dwelling units for the PD District that is greater than the maximum or less than the minimum stated in the PD plan or specific plan;

3.    An increase or decrease in the floor area for any nonresidential land use that results in the floor area exceeding the minimum or maximum stated in the PD plan or specific plan by ten percent or more;

4.    Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the City Engineer;

5.    Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD District or to the overall major street system, as determined by the City Engineer; or

6.    Any other proposed change to the PD plan or specific plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.

C.    Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection B of this section shall be considered minor if they are consistent with the original findings and conditions of approval. Minor amendments may be approved by the Director. The Director may, at his/her discretion, refer any request for an amendment to a to a PD plan that may generate substantial public interest to the Planning Commission for a decision rather than acting on it himself/herself. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.080 Status of specific plan.

A specific plan adopted by resolution of the City Council shall be administered as prescribed by the Council, consistent with Government Code Section 65450. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.090 Development plan review.

Plans for a project in a PD District shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan or specific plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan or specific plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.100 Failure to comply with conditions.

Failure to comply with any PD permit condition or development schedule is a violation of this chapter and subject to Chapter 18.39, Enforcement and Abatement Procedures. The Planning Commission or City Council may initiate revocation proceedings under this title, or suspend the applicant’s permit until such time as the applicant conforms to the conditions thereof. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.36.110 Revocation or modification of planned development permit.

A PD permit may be revoked or modified as provided by Section 18.27.140, Revocation of permits. (Ord. 1438 § 4 (Exh. A (part)), 2011)