(A) Purpose: The purpose and intent of this section is to allow an option for more flexible design than is permissible under the conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. This section may be used in any zone. The intent of this overlay is to maintain the density of the zone.
(B) Permitted Uses: The uses permitted in the zone used in conjunction with this section. (Ord. 1474, 1-8-1991)
(C) Procedure:
1. Preliminary Development Plan:
(a) Submission Of Preliminary Plan; Contents: A preliminary development plan shall be submitted to the development services department. The preliminary development plan shall include maps or drawings in schematic form and shall include the surrounding areas to show the relationship of the PD to existing adjoining uses. The preliminary development plan shall include the following: (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(1) Proposed land uses; the number of dwelling units; acres and population density for all residential areas.
(2) Proposed circulation system, indicating both public and private streets and off street parking.
(3) Public uses, if any, including schools, parks, recreation areas and other open spaces.
(4) The use and description of each different type of structure.
(5) An indication of any proposed modification in the regulations applicable to the subject property.
(6) The expected schedule and sequence of development. (Ord. 1474, 1-8-1991)
(b) Action By The Development Services Department: The development services department shall review said development plan and schedule a public hearing before the planning commission within thirty (30) days after submission. If the development services department feels that revisions should be made before presentation to the planning commission, a representative of the development services department shall meet with the applicant to review the proposed changes.
(c) Public Hearing Before Planning Commission: At the time and place for public hearing, the planning commission shall review the preliminary development plan considering the development services department's report thereon, following which the commission shall either: (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(1) Disapprove the application and abandon proceedings, or
(2) Instruct the applicant to prepare a proposed development plan for the planning commission's consideration and further action. The applicant shall submit the proposed development plan within six (6) months of this action. If no proposed development plan is submitted in the above said time, the application shall automatically be terminated, or
(3) Continue the public hearing to a date certain and refer the petition and preliminary development plan back to the petitioner with recommendations as to amending the petition and preliminary development plan to be consistent with the requirements and intent of this section. (Ord. 1474, 1-8-1991)
2. Proposed Development Plan:
(a) The development services department shall review the proposed development plan which consists of the following listed details and formulate a recommendation thereon to the planning commission: (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(1) Identification And Description:
A. Proposed name.
B. Location by legal description.
C. Names and addresses of applicant and designer who made the plan.
D. Scale of plan, preferably one inch to twenty feet (1":20').
E. Date.
F. North point.
(2) Existing Conditions:
A. Contours at an interval to be specified by the community development department.
B. Boundary lines of proposed planned development indicated by a solid line, and the total acreage therein.
C. Location, widths and names of all existing or prior plotted streets or other public ways, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures and their use, permanent easements and city boundaries within three hundred feet (300') of the proposed development.
D. Existing sewers, water mains, culverts and other underground facilities within the development, indicating pipe sizes, grades, manholes and their general locations.
E. The land ownership.
F. Location, type and size of trees.
(3) Proposed Conditions:
A. Land Use:
i. A land use plan indicating all proposed uses.
ii. Any areas proposed for interior circulation. If the developer proposes that any of these be public spaces, he/she shall indicate them.
iii. Open space that is to be maintained and controlled by the owners of the property, and their successors in interest, for this planned development.
B. Contours And Drainage:
i. Contours as they will be after development.
ii. Drainage system and sanitary sewers.
iii. Preliminary grading and erosion control plans.
iv. Soils report.
C. Circulation:
i. A street system and lot design with appropriate dimensions.
ii. A traffic flow map showing circulation pattern within and adjacent to proposed development. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of the circulation pattern shall be shown.
iii. Location and dimensions of pedestrian walkways and malls.
D. Parking And Loading:
i. Location, arrangement, number and dimension of automobile garages and parking spaces, width of aisles, width of bays and angles of parking.
ii. Location, arrangement and dimensions of truck loading spaces and docks.
E. Plans:
i. Types of buildings and their site locations.
ii. General description of units and any available plans or elevations which would be helpful to the planning commission.
iii. The approximate location, height and materials of all walls, fences and screen planting.
iv. Location, size and tree species to be removed.
v. A tree preservation plan for pre- and post-construction periods prepared by a tree professional.
vi. A landscaping plan.
F. Miscellaneous:
i. Tables showing the total number of square feet and their distribution use, including off street parking, streets, parks and open spaces as shown on the proposed development plan.
ii. Drafts of covenants, conditions and restrictions (CC&Rs), providing for the maintenance of any common open space, drafts of required dedications of development rights.
iii. For purposes of information, a time schedule indicating when construction is to begin, the anticipated rate of development and the approximate completion date.
iv. For purposes of information, the stages, if any, to be constructed in the development of the planned development. Such stages shall be clearly indicated on the proposed development plan.
v. Such other information as the commission shall require. (Ord. 1474, 1-8-1991)
3. Continued Public Hearing Before The Planning Commission:
(a) At the time and place set for the continued public hearing before the planning commission, the commission shall consider the proposed development plan, recommendations of the development services department, the appropriate environmental documentation, and any other information available, and shall take one of the following actions: (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(1) The planning commission may recommend approval to the city council, refer the proposed development plan back to the developer with recommendations as to amending, or may deny the request, or
(2) The planning commission shall not recommend approval of the application and recommend the establishment of a PD overlay unless it makes the following findings:
A. That the proposed development is so designed to provide a desirable environment within its own boundaries.
B. That any exceptions to the standard requirements of the zone regulations are justified by the design and topography of the development.
4. Action By The City Council:
(a) At the time and place set for public hearing on the PD overlay the city council shall consider the recommendation of the planning commission, appropriate environmental documentation, together with any comments and testimony thereon; and take one of the following actions:
(1) Approve the PD overlay and adopt the proposed development plan with any conditions placed thereon, or
(2) Continue the public hearing to a date certain and refer the application and proposed development plan to the commission with recommendations to amending said application and proposed development plan, or
(3) Disapprove the application and proposed development plan and abandon proceedings thereon. (Ord. 1474, 1-8-1991)
5. Filing Of Official Development Plan:
(a) Certified copies of the official development plan shall be on file in the development services department. (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
6. Relationship Of PD Procedures To Other City Regulations:
(a) Compliance with the provisions of this section does not relieve the applicant from compliance with any other applicable ordinance or resolution of the city, if no waiver has been granted by the city from compliance with any other ordinance or resolution.
(1) Subdivision maps, site plan review or conditional use permits shall be processed concurrently with the proposed development plan required under this chapter. (Ord. 1474, 1-8-1991)
(2) Environmental impact reports or negative declarations of environmental impact shall be prepared in draft form and presented to the development services department. This will normally be prepared after the public hearing by the planning commission on the preliminary development plan. The final document shall be considered by the city council concurrently with the proposed development plan. (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
7. Procedure Prior To Issuance Of Building Permit: No building permit shall be issued for any building, structure or use which does not conform to the official development plan.
8. Dedication Prior To Issuance Of First Building Permit: To assure that open space shall be available for the proposed development, public sites and development rights to required open spaces shall be dedicated or conveyed in advance of development. In any event, whether a subdivision map is required or not, dedication or conveyance of public sites and development rights to required open spaces for the entire PD overlay or any portion thereof shall be made before the first building permit is issued. Other dedications or conveyances may be required before the issuance of the first building permit. (Ord. 1474, 1-8-1991)
9. Procedure After Adoption Of The Official Development Plan:
(a) Minor changes in the adopted official development plan may be approved by the development services department provided that such changes: (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
(1) Do not change the boundaries of the subject property.
(2) Do not change any use as shown on the official development plan.
(3) Do not change the intent of the official development plan.
(b) Major changes in the official development plan after it has been adopted by the council shall be considered the same as if a new application were filed and shall be made in accordance with the requirements of this section.
10. Post Approval Review: If, after eighteen (18) months from final action approving the development plan, the land has not been developed as approved, the commission may hold a public hearing to consider a recommendation to the city council for the revocation of the approved development plan. (Ord. 1474, 1-8-1991)
(D) Planned Development Overlays: Planned development overlays (PD) shall not be exempt from the provisions of subsection 10-4-2(D)4 of this title. However it is recognized that in order to conform with subsection 10-4-2(D)4 of this title, PD overlays have to be calculated differently in order to determine the relationship between the slope of the property and the density allowed. PD overlays shall not have a density greater than a subdivision designed to the provisions of this title. Therefor an application for a PD overlay shall include a subdivision map which conforms to all provisions of this title except for this section. This map will be used to:
1. Determine the density to which the PD overlay project will be limited; and
2. Will be compared to the PD overlay project to determine if the PD overlay accomplishes the purpose as described in subsection (A) of this section.
Once the density for the project has been established using the map described above, the applicant shall redesign the subdivision using the more flexible provisions of this section to produce a final design. (Ord. 1502, 9-14-1993)