Chapter 17.62


17.62.010    Preliminary development plan.

17.62.020    Actions of the planning commission.

17.62.030    Actions of the council.

17.62.040    Repealed.

17.62.045    Decision and findings.

17.62.050    Requirement for development plan.

17.62.060    Final development plan.

17.62.070    Phasing.

17.62.080    Amendment of final development plan.

17.62.090    Revocation of PD zoning.

17.62.010 Preliminary development plan.

Application for planned development shall be made to the community development department and shall consist of a preliminary development plan, to include:

A. A legal description of the total site involved;

B. A statement of the objectives to be achieved by the planned development through the particular approach to be used by the applicant;

C. A schedule indicating the approximate dates when construction of the development or stages of the development are to be started and completed;

D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural open space, grading, residential densities, and areas devoted to nonresidential uses;

E. Identification of portions of the development which would otherwise require a variance, and reason for the deviation from normal standards;

F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing if applicable:

1. Existing site conditions, including contours, vegetation and water courses;

2. Proposed lot designs;

3. Location and floor area of existing and proposed buildings or outlines of areas within which buildings may be located;

4. Location and size of all areas to be conveyed or reserved as common open spaces or for public or semipublic uses;

5. Existing and proposed circulation system of arterial, collector and local streets; off-street parking, loading, and emergency access areas; points of access to public rights-of-way; proposed ownership of circulation routes;

6. Existing and proposed sidewalks and paths;

7. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity, gas and telephone;

8. A general landscape plan;

9. A general grading plan;

G. Information on land area adjacent to the proposed development, indicating important relationships between the proposal and surrounding land uses, circulation systems, public facilities and natural features;

H. Any additional information which may be required by the director to evaluate the character and impact of the planned development. (Ord. 1265 § 2 Ex. A, 1994; Ord. 941 § 1 (part), 1982: prior code § 9204.4(A))

17.62.020 Actions of the planning commission.

After giving notice as provided in Section 17.70.030, the planning commission shall hold a public hearing on the application. The planning commission may approve, approve subject to certain modifications, or deny the application. The decision of the planning commission shall be in the form of a recommendation to the council and shall be rendered in writing, stating all modifications or conditions to be reflected in final development plan. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(B))

17.62.030 Actions of the council.

After giving notice as provided in Section 17.70.030, the council shall hold a public hearing on the application and the recommendations of the planning commission. The council may approve, approve subject to certain modifications, or deny the proposal. The decision of the council shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves or conditionally approves the preliminary development plan, the council shall approve the rezoning and the official zone map shall be amended to indicate approval of the planned development. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(C))

17.62.040 Required findings.

Repealed by Ord. 1438. (Ord. 1129 § 1 (part), 1988: Ord. 1087 § 1 Ex. A(2), 1987; Ord. 941 § 1 (part), 1982: prior code § 9204.4(D))

17.62.045 Decision and findings.

Following a public hearing, the commission may recommend, and the council may approve or disapprove, a rezoning to apply the PD overlay zoning district in compliance with this section.

A. Mandatory Project Features. The review authority may recommend or approve a rezoning to apply the PD overlay zoning district only for a project that incorporates a minimum of two of the following four features.

1. A minimum of twenty-five percent of the residential units within the project are affordable to households of very low, low or moderate income (See Municipal Code Chapter 17.90 for incentives provided for affordable housing development, including density bonuses and possible fee waivers);

2. The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving a minimum of thirty percent greater energy efficiency than the minimum required by California Code of Regulations Title 24;

3. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-half acre; or

4. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the city.

B. Required Findings for Approval. The review authority may approve a rezoning to apply the PD overlay zoning district only after first making all of the following findings:

1. The project is consistent with the general plan and any applicable specific plan, and the proposed land use is allowed within the applicable primary zoning district;

2. The project complies with all applicable provisions of these zoning regulations other than those modified by the PD rezoning;

3. The approved modifications to the development standards of these zoning regulations are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts;

4. The project complies with all applicable city design guidelines;

5. All affected public facilities, services, and utilities are adequate to serve the proposed project;

6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the general plan;

7. The site is adequate for the project in terms of size, configuration, topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use; and

8. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. (Ord. 1528* § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1438 § 4 (part), 2003)

*Code reviser’s note: Ordinance 1528 sets out amendments to Section 17.50.060, using the numbering of this section that existed prior to the amendments of Ordinance 1438.

17.62.050 Requirement for development plan.

No land division may be undertaken and no construction begun within an area zoned PD until a final development plan has been approved. (Ord. 1528* § 3 Ex. A (part), 2009: Ord. 941 § 1 (part), 1982: prior code § 9204.4(E))

*Code reviser’s note: Ordinance 1528 sets out amendments to Section 17.50.070, using the numbering of this section that existed prior to the amendments of Ordinance 1438.

17.62.060 Final development plan.

A. Within two years of approval or conditional approval of the development plan, the applicant shall file with the community development department a final development plan. At his discretion and for good cause, the director may extend the time for filing the final development plan for a period or periods not exceeding a total of three years.

B. The final development plan shall include those items from Section 17.62.010 (Preliminary development plan) which describe the proposal, including division of land, type and location of all buildings and improvements, and so on, but it need not include information on existing conditions.

C. The director shall review and take action on the final development plan within thirty days of filing. He or she shall approve it upon finding that it is in substantial compliance with the preliminary development plan as approved or modified by the council. Upon approval of the final development plan, the director shall add the number of the planned development to the official zone map (for example, PD (9999)). Subsequently, all grading, construction and landscaping shall comply with the approved final development plan.

D. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and so on, that would normally be submitted in the course of development, and need not be a separate submittal. The director shall determine the extent to which any additional documentation of development plans is required. (Ord. 1528* § 3 Ex. A (part), 2009; Ord. 941 § 1 (part), 1982: prior code § 9204.4(F))

*Code reviser’s note: Ordinance 1528 sets out amendments to Section 17.50.080, using the numbering of this section that existed prior to the amendments of Ordinance 1438.

17.62.070 Phasing.

If the construction of the planned development is to occur in phases, the open space and common facilities shall be developed and made available in proportion to the number of dwelling units or nonresidential floor area occupied during any given stage. At no time during construction of the project shall the density of developed land exceed the overall density established in the final development plan. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(G))

17.62.080 Amendment of final development plan.

A. Minor differences between the approved development plan and construction plans may be allowed by the director.

B. Written requests for amendments to a final development plan may be approved by the planning commission after a public hearing, notice of which has been given as provided in Section 17.70.030. Amendments shall be limited to changes in the size and position of buildings; the number, area or configuration of lots; landscape treatment; phasing, and the like.

C. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses and circulation features. Changes to these aspects may be accomplished only by reapplication and submittal of a new preliminary development plan.

D. Amendments to large office PD ordinances approved by the council prior to June 2003 may be approved under subsection B of this section to allow changes in proposed use as long as those uses are determined by the planning commission to be consistent with the general plan.

E. These procedures apply whether or not all or part of the development has been built. (Ord. 1438 § 4 (part), 2003; Ord. 941 § 1 (part), 1982: prior code § 9204.4(H))

17.62.090 Revocation of PD zoning.

If a final development plan is not carried out in the time specified in the development plan or within an approved extension period, the planning commission and council may remove the PD designation according to the usual procedure for city-initiated rezoning. (Ord. 941 § 1 (part), 1982: prior code § 9204.4(1))