ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. The purpose of Planned Development Review is to establish a procedure for review of:
• (1) A new development project in conjunction with an application for establishment of a Planned Development (PLD) overlay zone on a project site.
• (2) An addition of gross floor area to an existing project in a Planned Development (PLD) overlay zone, whether attached or detached, where the addition results in an increase of 50 percent or more of the existing gross floor area or 1,000 square feet, whichever is less; or, a major exterior alteration or substantial change in use to an existing project in a Planned Development (PLD) overlay zone.
• (b) Eligibility. No project on a site containing less than 20,000 square feet in area shall be eligible for Planned Development Review.
• (c) Criteria. The following criteria shall be used in determining a project's consistency with the intent and purpose of this section:
• (1) User impact and needs. The design of the project shall consider the impact and the needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and common open spaces, trash collection, security and crime deterrence, energy consumption, physical barriers, and other design concerns.
• (2) Relationship to physical features. The location of buildings and structures shall respect the natural terrain of the site and shall be functionally integrated with any natural features of the landscape to include the preservation of existing trees, where feasible.
• (3) Consistency of architectural style. The building or structure shall be harmonious and consistent within the proposed architectural style regarding roofing, materials, windows, doors, openings, textures, colors, and exterior treatment.
• (4) Balance and integration with the neighborhood. The overall design shall be integrated and compatible with the neighborhood and shall strive to be in harmony with the scale and bulk of surrounding properties.
• (5) Building design. The design of buildings and structures shall strive to provide innovation, variety, and creativity in the proposed design solution. All architectural elevations shall be designed to eliminate the appearance of flat facades or boxlike construction:
• a. The front facade shall have vertical and horizontal offsets to add architectural interest to the exterior of the building and where possible, bay windows and similar architectural projections shall be used.
• b. The roof planes of the building, as well as the building shape, shall be varied where feasible, and a visible and significant roof line shall be used to soften the vertical mass.
• c. Harmonious variations in the treatment or use of wall materials shall be integrated into the architectural design.
• (6) Signs. Signs and sign programs shall meet the criteria established in Sign Regulation Criteria, Section 10-2.1802.
• (d) Application.
• (1) The applicant shall file with the Planning Division a completed application in a form provided by the Planning Division.
• (2) The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Planning Division.
• (3) Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.
• (e) Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:
• (1) Existing topography and proposed grading;
• (2) Existing trees with a trunk diameter of six (6) inches or greater;
• (3) All buildings and structures, and the uses within each room;
• (4) Improvements in the public right of way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;
• (5) Exterior lighting;
• (6) Easements;
• (7) Off-street parking areas, including the stall striping, aisles, and driveways;
• (8) The lot dimensions;
• (9) Setbacks and spaces between buildings;
• (10) Walls, fences, and landscaping and their location, height, and materials;
• (11) Landscaping areas;
• (12) Trash and recycling facilities;
• (13) The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;
• (14) The location, dimensions, and design of all signs;
• (15) A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four (4) feet;
• (16) Such other data as may be required to demonstrate that the criteria have been met.
• (f) Setting hearings. All applications shall be set for at least one public hearing before the Planning Commission in a timely fashion.
• (g) Notice of public hearing before the Planning Commission. The notice of the public hearing before the Planning Commission shall be given as follows:
• (1) By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• (2) By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• (3) By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (h) Decision of the Planning Commission.
• (1) Following the public hearing, the Commission shall make specific findings as to whether or not the proposed project is consistent with the policies of the General Plan and the purposes of this title, and shall recommend approval, conditional approval or disapproval of the Planned Development Review.
• (2) If the recommendation is for approval, the matter shall be set for public hearing before the City Council in a timely fashion.
• (3) A recommendation for denial of the Planned Development Review shall terminate proceedings unless the decision is appealed.
• (i) Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the denial of a Planned Development Review shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth day (10th) falls on a weekend or holiday):
• (1) A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
• (2) The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.
• Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.
• (j) Notice of public hearing before the City Council. Notice of public hearings before the City Council shall be given pursuant to subsection (g) of this section.
• (k) Decision of the City Council. The decision of the City Council on all Planned Development Reviews shall be final and conclusive.
• (l) Expiration. An approval granted pursuant to Planned Development Review shall become null and void unless vested within thirty-six (36) months after the date of the public hearing at which the vote was taken. Such time limits may be extended by the Planning Commission at a public hearing with notice given pursuant to subsection (g) of this section, upon the written request of the applicant and payment of a fee as set forth by resolution of the City Council. The request shall be filed with the Planning Division prior to the expiration of the approval and shall include presentation of proof of an unusual hardship not of the applicant's own making. If an established time limit for development expires, and no extension has been granted, the approval, and all rights and privileges established therein, shall be considered null and void.

(Ord. 2756 c.s., eff. January 18, 1996)

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