Chapter 17.48 — PLANNED DEVELOPMENT (PD) OVERLAY ZONE

• A. Purpose. The PD overlay zone is intended to provide for flexibility in the application of zoning standards for proposed development. The purpose is to allow consideration of innovation in site planning and other aspects of project design— a nd more effective design responses to site features, land uses on adjoining properties, and environmental impacts—than the development standards of the underlying zone would produce without adjustment. The City expects each planned development project to be of significantly higher design quality, including more effective and attractive pedestrian orientation, environmental sensitivity, affordable housing, and the more efficient use of resources, than would be achieved through conventional design practices and standards. Planned Development (PD) zoning shall be approved only in conjunction with derived long-term community benefits and where the project can help achieve the vision, goals, and policies of the General Plan.

• B. Application. The requirements of this Chapter shall apply to all projects within the PD overlay zone.

Any use or combination of uses allowed by Section 17. 221 0. 012 0 (Use Regulation ss allowed b By Z zo n es) within the underlying zone may be established within the PD overlay zone, subject to any additional limitations on specific land uses provided by the overlay as adopted. No PD overlay zone shall allow a land use that is not allowed in the primary underlying zone, or by the General Plan, or any applicable specific plan.

• A. Minimum Lot Area Required. The minimum lot area of a PD overlay zone shall be one-half of a contiguous acre.

• B. General Plan Compliance. The preparation, review, and approval of a PD overlay zone shall require strict compliance with the General Plan and any applicable specific plan.

• C. Relationship of PD Overlay Zone to Primary Underlying Zone.

  1. Planning Permit Requirements. Development and new uses within the PD overlay zone shall obtain the permits required by Section 17.10.020 22.010 (Use Regulations By Zone) for the underlying zone.

  2. Site Planning and Project Development Standards. Development and new land uses within the PD overlay zone shall comply with all applicable development standards of the underlying zone, except as specifically modified, waived, or augmented by the PD overlay zone.

• D. Deviation from Development Standards. The application of the PD overlay zone to property may include the adjustment or modification, where necessary and justifiable, of any applicable development standard of this Title 17 (e.g., building height, floor area ratio, parcel size, parking, setbacks, etc.) or of the City’s subdivision regulations. The maximum density as allowed by cross-slope percent may be adjusted but shall not exceed the maximum density allowed in the average cross-slope category zero through 15 percent for the applicable zone.

• E. Qualifying Community Benefits. Each proposed project shall comply with Section 17. xx 48. xxx 080 (Mandatory Project Features).

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• A. Timing of Rezoning. Application of the PD overlay zone shall occur simultaneously with the approval of a specific project through the planned development process as set forth in (Chapter 17.62S ection 17.48.070 (Process for Approval).

• B. Phasing. If the construction of the planned development is to occur in phases, the open space and common facilities shall be developed and made available in proportion to the number of dwelling units or nonresidential floor area occupied during any given stage. At no time during construction of the project shall the density of developed land exceed the overall density established in the final development plan.

In addition to any application requirements set forth in Section 17.xx.xxx Chapter 17.04 (Permit Application Filing and Processin gProcedures ), an application for planned development shall be made to the Community Development Department and shall consist of a preliminary development plan, to include:

• A. A legal description of the total site involved;

• B. A statement of the objectives to be achieved by the planned development through the particular approach to be used by the applicant;

• C. A schedule indicating the approximate dates when construction of the development or stages of the development are to be started and completed;

• D. A quantified description of the total number and type of dwelling units, parcel sizes, coverage, modified and natural open space, grading, residential densities, and areas devoted to nonresidential uses;

• E. Identification of portions of the development which would otherwise require a Variance, and reason for the deviation from normal standards;

• F. A site plan and supporting maps, drawn to a suitable scale and clearly labeled, showing if applicable:

  1. Existing site conditions, including contours, vegetation and water courses;

  2. Proposed lot designs;

  3. Location and floor area of existing and proposed buildings or outlines of areas within which buildings may be located;

  4. Location and size of all areas to be conveyed or reserved as common open spaces or for public or semipublic uses;

  5. Existing and proposed circulation system of arterial, collector and local streets; off-street parking, loading, and emergency access areas; points of access to public rights-of-way; proposed ownership of circulation routes;

  6. Existing and proposed sidewalks and paths;

  7. Existing and proposed utility systems, including sanitary sewer, storm drainage, water, electricity, gas and telephone;

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8. A general landscape plan; and

9. A general grading plan.

• G. Information on land area adjacent to the proposed development, indicating important relationships between the proposal and surrounding land uses, circulation systems, public facilities and natural features; and

• H. Any additional information which may be required by the Director to evaluate the character and impact of the planned development.

The Planning Commission may recommend and the Council may approve a rezoning to apply the PD overlay zone only for a project that incorporates a minimum of three of the following four features:

• A. A minimum of 25 percent of the residential units within the project are affordable to households of very low-, low, or moderate-income households. (See Municipal Code Chapter 17.901 7.140: Affordable Housing Incentives for incentives provided for affordable housing development, including density bonuses and possible fee waivers).

• B. The project will achieve greater energy efficiency than standard developments through the incorporation of green building techniques, scoring at least a silver rating on the LEED or other equivalent rating system, or achieving zero-net energy use.

• C. The project will preserve, enhance, and/or create a significant natural feature with a minimum open space area of one-quarter acre.

• D. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the City.

• A. Planning Commission Recommendation. After giving notice as provided in Chapter 17.12 2 Section 17.xxx.xxx (Public Notices and Hearing s and Notice) , the Planning Commission shall hold a public hearing on the application. The Planning Commission may recommend approval, approval subject to certain modifications, or denial of the application. The decision of the Planning Commission shall be in the form of a recommendation to the Council and shall be rendered in writing, stating all modifications or conditions to be reflected in final development plan.

• B. Actions of the Council. After giving notice as provided in Section 17.xxx.xxxC hapter 17.122 (Public Hearings and Notices and Hearings), the Council shall hold a public hearing on the application and the recommendations of the Planning Commission. The Council may approve, approve subject to certain modifications, or deny the proposal. The decision of the Council shall be rendered in writing, stating all modifications or conditions to be reflected in the final development plan. If it approves or conditionally approves the preliminary development plan, the Council shall approve the rezoning and the official zone map shall be amended to indicate approval of the planned development.

• C. Decision and Findings. Following a public hearing, the Planning Commission may recommend, and the Council may approve or disapprove a rezoning to apply the PD overlay zoning district zone in compliance with this Section. The Council may approve a rezoning to apply the PD overlay zoning districtz one only after first making all of the following findings:

  1. The project is consistent with the General Plan and any applicable specific plan;

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2. The proposed land use is allowed within the applicable primary zoning district underlying zone;

3. The project complies with all applicable provisions of these Zoning Regulations other than those modified by the PD rezoning;

4. The approved modifications to the development standards of these Zoning Regulations are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts;

5. The project complies with all applicable City design guidelines;

6. All affected public facilities, services, and utilities are adequate to serve the proposed project;

7. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site and the land uses and development intended for the surrounding neighborhood by the General Plan;

8. The site is adequate for the project in terms of size, configuration, topography, and other applicable features;

9. The proposed community benefits directly implement objectives of the General Plan;

10. The community benefits proposed do not principally benefit the project or occupants of the project, but rather provide a district or area-wide benefit within San Luis Obispo;

11. The site has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use; and

12. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

• A. Within two years of approval or conditional approval of the development plan, the applicant shall file with the Community Development Department a final development plan. At his/her discretion and for good cause, the Director may extend the time for filing the final development plan for a period or periods not exceeding a total of three years.

• B. The final development plan shall include those items from Section 17. xx.xxx 48.050 (Preliminary Development Plan Required) which describe the proposal, including division of land, type and location of all buildings and improvements, and so on, but it need not include information on existing conditions.

• C. The Director shall review and take action on the final development plan within 30 days of filing. He/she shall approve it upon finding that it is in substantial compliance with the preliminary development plan as approved or modified by the Council. Upon approval of the final development plan, the Director shall add the number of the planned development to the official zone map (for example, PD [9999]). Subsequently, all grading, construction, and landscaping shall comply with the approved final development plan.

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• D. The final development plan may consist of final subdivision maps, building construction plans, grading plans, and so on that would normally be submitted in the course of development, and need not be a separate submittal. The Director shall determine the extent to which any additional documentation of development plans is required.

• E. No land division may be undertaken, and no construction begun within an area zoned PD until a final development plan has been approved.

• A. Minor differences in substantial conformance between the approved development plan and construction plans may be allowed by the Director, as authorized and defined in Section 17.102.020.D (Legislative Actions) and Chapter 17.108 (Director’s Action).

• B. Written requests for amendments to a final development plan may be approved by the Planning Commission after a public hearing, notice of which has been given as provided in Section 17.xx.xxx Chapter 17.122 (Public Notices and Hearings and Noticing ). Amendments shall be limited to changes in the size and position of buildings; the number, area or configuration of lots; landscape treatment; phasing, and the like.

• C. Amendments may not include changes in proposed use, overall density, or overall configuration of the land uses and circulation features. Changes to these aspects may be accomplished only by reapplication and submittal of a new preliminary development plan.

• D. Amendments to large office PD ordinances approved by the Council prior to June 2003 may be approved under subsection B of this Section to allow changes in proposed use, provided those uses are determined by the Planning Commission to be consistent with the General Plan.

• E. These procedures apply whether or not all or part of the development has been built.

If a final development plan is not carried out in the time specified in the development plan or within an approved extension period, the Planning Commission and Council may remove the PD designation according to the usual procedure for City-initiated rezoning.

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