§ 9-52.050. Planned Development Permits

A.

Purpose. The purpose of this Section is to provide a process for approving a Planned Development Permit which is intended to:

1.

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 Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); and

2.

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, programs, and land use designations of the General Plan and any applicable specific plan.

B.

Applicability.

1.

A Planned Development Permit shall be required for:

a.

All residential development projects with two or more dwelling units; and

b.

All commercial and industrial development projects within the City identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), unless a Conditional Use Permit is required in compliance with Section 9-52.070.

2.

For projects requiring a Planned Development Permit, no Building or Grading Permit, or other City approval that permits physical dirt movement (including clearing and grubbing), construction, or development shall be issued until the Planned Development Permit has been approved in compliance with this Section.

3.

A Planned Development Permit may not authorize a land use activity that is not allowed in the base zoning district.

C.

Application requirements. An application for a Planned Development Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. Planned Development Permits may be granted in compliance with the following and Table 5-2 (Planned Development Permit Review Authority):

1.

Director. The Director may grant Administrative Planned Development Permits, or may defer action and refer the application to the Commission; and

2.

Commission. The Commission may grant Planned Development Permits.

TABLE 5-2 - PLANNED DEVELOPMENT PERMIT REVIEW AUTHORITY

Threshold Categories	Administrative Planned Development Permits (By the Director)	Planned Development Permits (By the Commission)
Residential Projects* - two to four dwelling units	■
Residential Projects* - five or more dwelling units		■
Commercial Projects -		■
Industrial Projects -		■

 

* Senior/Affordable Residential Projects to be approved by the City Council.

E.

Project review, notice and hearing.

1.

Each Planned Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation will be provided to the approval body for their consideration.

2.

When Commission action is taken, the Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit.

3.

Notice of any public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

4.

The Director's action on an Administrative Planned Development Permit shall not require a public hearing, if it is determined that the proposed project will not substantially affect any property rights of others.

F.

Findings and decision. Following a public hearing, 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. The review authority may approve a Planned Development Permit only after first finding that: The Planned Development Permit would:

1.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

2.

Be in full compliance with this Development Code and the Municipal Code;

3.

Ensure consistency with applicable design guidelines; and

4.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare.

G.

Conditions of approval. In approving a Planned Development Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Planned Development Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007, and Exh. A, Ord. 1147, eff. August 20, 2009)