A. Commission’s Authority. The Commission may approve, approve in modified form, conditionally approve, or deny an application for a Planned Development Permit based on the findings specified in Subsection B., below.
B. Required Findings. The Commission may approve a Planned Development Permit application, with or without conditions, only after first making all of the following findings:
1. The proposed use and resulting design:
a. Is allowed within the subject base zone;
b. Is consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan and any applicable specific plan;
c. Is generally in compliance with all of the applicable provisions of this Zoning Code relating to both on-site and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this Chapter and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Chapter; and
d. Ensure compatibility of property uses within the zone and general neighborhood of the proposed development.
2. The proposed project will produce a comprehensive development with a better site plan and overall design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking and loading facilities, incorporation of a program of highly enhanced amenities [e.g., additional public art], LEED related standards, etc.) than might otherwise occur from more typical development applications;
3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and welfare;
4. Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed into the development to ensure protection for fire suppression and police surveillance equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards identified in Article 2 (Zones, Allowable Uses, and Development and Design Standards);
5. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development;
6. Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare;
7. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use;
8. If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriately buffered from the commercial use and is provided sufficiently enhanced amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The enhanced amenities may include better landscaping and private open space, private or separated entrances, etc; and
9. The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
C. Failure to Make Findings. The review authority shall deny the application when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)