Division 10 — PLANNED COMMUNITY PERMITS

The planned community (PC) permit allows new construction, redevelopment or changes of use within the planned community district that comply with the special land use and project development standards of the applicable precise plan or that were specified at the time of rezoning to or amendment of the P district.

The planned community permit process provides the opportunity for applicants to propose creative, innovative developments within a context of defined community goals and objectives and a basic development envelope established by a precise plan, and also allowing for variations from the standards while protecting the integrity and character of the precise plan area. The PC permit provides for a comprehensive analysis of project-related impacts and careful public review of such developments while allowing for creativity and flexibility provided that the proposals are consistent with community objectives and in substantial compliance with the applicable precise plan.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 7.20, § 7, 6/23/20.)

a.

A planned community permit shall be required within a planned community district prior to:

1.

Any new development or redevelopment; or

2.

Establishment of any use listed as "provisional" within the applicable precise plan; or

3.

Any development or addition to an existing development that varies from the development standards of the applicable precise plan. A planned community permit may be granted by either the zoning administrator or the city council.

b.

Minor alterations to the exterior of an existing building, signs and minor alterations to paved or landscaped areas that are consistent with the existing development of the property and of surrounding properties may be approved or disapproved by the zoning administrator through the development review process.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 7.20, § 8, 6/23/20.)

In addition to the application requirements of this article, the following additional information shall be included:

a.

If the application covers several separate properties being submitted as one "project" (if allowed in the applicable precise plan), then separate legal descriptions of each property shall be required together with written authorization from each property owner acknowledging their understanding that their property may be legally linked with all other properties within the project for the purposes of the application and future development and use;

b.

A checklist or other documentation of the requirements of the applicable precise plan demonstrating how the proposed project complies with those requirements. If any minor variations or exceptions from the precise plan requirements are proposed, the applicant must submit material providing justification for such variation or exception and demonstrating that the project as a whole complies with the stated purpose and goals of the precise plan and the general plan;

c.

For large or complex proposals, architectural models, perspective sketches or other illustrations of the three-dimensional building design; and

d.

Other information as may be required by the zoning administrator to illustrate the appearance of the proposed development, compliance with the goals, objectives and development standards of the applicable precise plan, and compatibility of the proposed development with the surrounding community.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Hearings and notices. Upon receipt of a complete planned community permit application, the zoning administrator shall determine the appropriate level of permit review based on the project proposal and the following criteria:

1.

Within a planned community zone which does not have an adopted precise plan, the following levels of project review shall apply:

(a)

For any application for new development or redevelopment, for any increase in use intensity or for any addition of floor area exceeding two thousand (2,000) square feet, the zoning administrator shall hold a duly noticed public hearing in compliance with Section 36.56 (Applications, Hearings and Appeals). The zoning administrator shall review the proposal for general compatibility with the surrounding development, with general principles of good architectural and site design and with the goals and objectives of the general plan, and according to Section 36.50.55 (Findings) and Division 2 (Development Review Process) of this Article XVI of this Chapter. After conducting a public hearing, the zoning administrator shall forward a

written recommendation on the proposed development or use to the city council. Following such zoning administrator decision, the city council shall hold a duly noticed public hearing. The city council may approve or disapprove the application.

(b)

For applications for change of use to another use of the same nature and intensity as the existing approved use; for minor site changes and building alterations such as minor additions not exceeding a cumulative two thousand (2,000) square feet in floor area, changes to building materials or facade details or minor changes to the configuration of parking or landscaping; or for signs or sign programs that are consistent with the sign provisions that would be normally applied to the type of use or development of the site, the zoning administrator may act through the development review process to approve or deny the application, subject to appeal to the city council.

2.

For applications within the area covered by an existing precise plan, the following levels of project review shall apply:

(a)

For new developments, redevelopment of developed sites or adoption of a master plan, if required by the applicable precise plan, the zoning administrator shall hold a duly noticed public hearing in accordance with Division 16 (Applications, Hearings and Appeals) of Article XVI of this Chapter. Following such hearing, the zoning administrator shall forward a written recommendation to the city council, which shall hold a duly noticed public hearing. The city council may approve or disapprove the application.

(b)

After city council approval of the underlying development and/or master plan, the zoning administrator, after a duly noticed public hearing, may approve or disapprove any of the following: (1) provisional uses listed within the applicable precise plan; (2) building expansions and modifications that are consistent with the development standards of the applicable precise plan or the approved master plan for the project area; and (3) establishment of individual signs or sign programs. The decisions of the zoning administrator may be appealed to the city council.

(c)

The zoning administrator may act through the development review process on the approval of minor sign program changes or of specific signs; of minor site changes and building alterations, such as building material changes or minor changes to the configuration of parking or landscape areas; and changes in use to another use listed as permitted in that applicable precise plan, subject to appeal to the city council.

Any substantial amendment to the plan proposed to be adopted by the city council may be referred back to the zoning administrator for review and subsequent recommendation to the city council.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 36, 1/23/24.)

Following a public hearing, the zoning administrator shall issue written findings or forward a recommendation to the city council with the findings upon which the recommendation is based. These written findings shall be emailed or mailed to the applicant and property owners. The zoning administrator may approve, or recommend for approval, a planned community permit if all the following findings are made:

a.

The proposed use or development is consistent with the provisions of the applicable precise plan; or, if no precise plan exists for the subject area, the proposal clearly demonstrates superior site and building design and compatibility with surrounding uses and developments; or if variations from requirements in the applicable precise plan are granted, the proposal clearly demonstrates superior site and building design and is in substantial compliance with the intent of the requirements in the applicable precise plan;

b.

The proposed use or development is consistent with the general plan;

c.

The proposed uses and development will not be detrimental to the public interest, health, safety, convenience or welfare;

d.

The proposed project promotes a well-designed development that is harmonious with existing and planned development in the surrounding area; and

e.

The proposed project complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 7.20, § 9, 6/23/20; Ord. No. 01.2024, § 36, 1/23/24.)

DIVISION 11. - PRECISE PLANS

SEC. 36.50.60. - Precise plans. SEC. 36.50.65. - Purpose.

This section sets forth the procedure for adopting, amending and implementing precise plans. Precise plans are a legislative tool for coordinating future public and private improvements on specific properties where special conditions of size, shape, land ownership or existing or desired development require particular attention. The adoption or amendment of precise plans implement specific design and development objectives utilizing land use policies and development standards tailored to fit the unique opportunities and challenges of the precise plan area. In the land use hierarchy, precise plans are above zoning district and below the general plan.

(Ord. No. 18.13, § 1, 12/10/13.)

Precise plans constitute the land use and property development standards and guidelines for property within the planned community (P) zoning district. Current implementation of this chapter provides that a precise plan be adopted at the time of any rezoning of property to the P zoning district. New precise plans and planned community zoning are appropriate only when there are special conditions of property configuration, ownership or location or when special land uses or developments are desired that may not conform to the land use or development provisions of a standard zoning district. Applications to adopt or amend a precise plan shall first be submitted to the city council for determination of the appropriate timing of review of such applications. Applications needed to accommodate a housing proposal where a majority of the units will be affordable to households earning less than the median income by household size for Santa Clara County shall be exempt from this requirement. In conjunction with this submittal for city council determination of the timing of review of such application, information about the potential fiscal impact of the proposed land use or development change allowed by the proposed precise plan or precise plan amendment shall also be required.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

A new precise plan or amendment to an existing precise plan may be initiated by the community development director, environmental planning commission, city council or by the owner, or authorized agent of the owner, of property within the proposed precise plan (and planned community zoning district) or existing precise plan area. In addition to the application requirements of this division, an application to amend or adopt a precise plan shall include the following documents and information.

1.

The proposed text and diagram(s), which contain all of the provisions outlined in Section 36.50.85 (Content of Precise Plans), in addition to all data and related exhibits required by the city.

2.

A statement describing the characteristics or circumstances of the project area believed by the applicant to require the adoption or amendment of the plan as proposed.

3.

All information required by City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

b.

For applications for a new precise plan or amendment of an existing precise plan submitted by the owner, or authorized agent of the owner, of property within the proposed or existing precise plan area, the application shall first be forwarded to the city council for determination of whether submission of a formal planning application shall be authorized and, if so authorized, the timing of review of the application. The city council's review shall be in accordance with Section 36.50.90 (Authorization Hearing and Action) and

City Council Policy G-9 (Gatekeeper Application Policy and Procedures). The applicant shall submit all materials required for the application as provided in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2025, § 2, 10/28/25.)

A precise plan must contain a statement of the goals and objectives of the plan, noting the unique features of the area or the allowed development that distinguish the area from a standard zone district area. The plan may include goals and objectives from the general plan, economic development plan, neighborhood improvement plans and other planning documents prepared or implemented by the city. A precise plan must contain land use policies and development criteria necessary to implement the goals and objectives. These items specify allowed uses, intensity of use, relationship to neighboring properties, parking and circulation, signs, special design standards and procedures for development review. The land use policies and development standards of precise plans may be written in flexible terms, placing proper importance on the achievement of goals and objectives over compliance with rigid development standards.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Upon receipt of an application for a new precise plan or amendment of an existing precise plan, the city council shall schedule an authorization hearing for consideration of the application consistent with City Council Policy G-9 (Gatekeeper Application Policy and Procedures). The authorization hearing shall be noticed in accordance with Sec. 36.56.20 (Notice of Hearing).

b.

A precise plan shall be prepared, adopted and amended in the same manner as a zoning map amendment, except that a precise plan may be adopted or amended by resolution. A precise plan may be amended as often as deemed necessary by the city council. All precise plans shall be reviewed against current community development goals and policies every five (5) years, at years ending in "5" or "10." This review shall be scheduled for consideration over the course of the year before the environmental planning commission, which shall recommend to the council initiation of amendment of individual precise plans as deemed appropriate. The council shall consider the environmental planning commission's recommendations and shall have final authority to initiate a precise plan amendment based on this review.

Upon receipt of a complete application to introduce or amend a precise plan, or upon initiation by the community development director, commission or council, and following department review, duly noticed public hearings shall be scheduled before the commission and council in accordance with Section 36.56 (Applications, Hearings and Appeals).

At the conclusion of its public hearing, the commission shall make a written recommendation to the council on whether to approve, approve in modified form or disapprove the proposed precise plan or amendment, based upon the findings required by this Article.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed precise plan. Any substantial amendment to the plan proposed by the council may be referred back to the commission for review and subsequent recommendation to the council.

c.

Once a project is authorized to apply by the city council pursuant to this Section, the following actions shall require the project to return to the city council for reauthorization consistent with the application submittal requirements and hearing procedures of this Code and City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

1.

Change in ownership of project parcel(s). If a parcel included within the project site of the precise plan authorized application changes ownership prior to submittal of a formal planning application.

2.

Expiration. A formal planning application for the project has not been submitted to the planning division within one (1) year of city council authorization. This one (1) year period shall not begin until after any submittal deferral required by the council.

3.

Change in project. Substantial changes to the project as determined by the community development director to be a deviation of ten (10) percent or more from the original project authorized, including, but not limited, to the number of units, land use type, square footage or community benefits.

Any application not authorized by the city council to proceed to the formal planning application stage shall be subject to any limitation on resubmission of a substantially similar project for authorization provided in City Council Policy G-9 (Gatekeeper Application Policy and Procedures).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 10.2025, § 3, 10/28/25.)

Editor's note— Ord. No. 10.2025, § 3, adopted Oct. 28, 2025, amended the title of § 36.50.950 to read as herein set out. The former § 36.50.950 title pertained to hearings and action.

Adoption or amendment of a precise plan may be recommended by the environmental planning commission for approval only if all of the following findings can be made:

a.

The proposed plan is consistent with the general plan;

b.

The property covered by the proposed precise plan or precise plan amendment is within the planned community (PC) district.

c.

The proposed plan would not be detrimental to the public interest, health, safety, convenience or welfare of the community;

d.

The proposed plan promotes development of desirable character, harmonious with existing and proposed development in the surrounding area;

e.

The site has special conditions of size, shape, land ownership, existing development or development opportunities that can only be addressed by approval of the proposed precise plan or amendment; and

f.

The approval of the proposed plan complies with the California Environmental Quality Act (CEQA).

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 12. - GENERAL PLAN AMENDMENTS

SEC. 36.52. - General plan amendments. SEC. 36.52.05. - Purpose.

The following provisions allow for the amendment of the general plan whenever required by public necessity and general welfare. A general plan amendment may include revisions to text, goals, policies, actions or land use or circulation system designations.

(Ord. No. 18.13, § 1, 12/10/13.)