Exhibit 2 of Attachment 1�0w MEETING DATE: 06/02/14
ITEM NO.
�08'BF�pS COUNCIL AGENDA REPORT
DATE: May 28, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: REPORT FROM THE COUNCIL PLANNED DEVELOPMENT AD HOC
COMMITTEE AND DISCUSSION AND DIRECTION FOR PROPOSED
TOWN CODE AMENDMENTS TO THE PLANNED DEVELOPMENT
OVERLAY ZONE
RECOMMENDATION:
Discuss the Planned Development Ad Hoc Committee's proposed revisions to the Town Code
regarding Planned Development Overlay Zones and provide direction as to next steps.
BACKGROUND:
In 2010 Town Council considered Planned Developments (PD's) and how PD Overlay Zones
should be addressed in the General Plan as part of the General Plan update. In 2013, the
previous Mayor requested a conceptual discussion of PD's to ascertain if there is Council interest
in additional research on or potential changes to the Town's utilization of PD's. On November 4,
2013, the Town Council unanimously referred to Town staff the following directions:
• Review Zoning Ordinance Section 29.80.080 in terms of specificity, specifically using
the first sentence as guidance and the second sentence as potentially unnecessary
language;
• Review and clarify the lnfill Ordinance [Policy];
• Review wording of the General Plan regarding Planned Developments so that the
language is consistent with the first sentence of the Zoning Ordinance; and
• Consider the use of the Planned Development in specified zones.
A Council Planned Development Ad Hoc Committee was established in December 2013 to work
with staff regarding amendments to the Planned Development process. The Council Ad Hoc
subcommittee net on numerous occasions and has drafted revisions to the Town Code regarding
Planned Development Overlay Zones for Council's preliminary review and discussion.
PREPARED BX: SANDY L. BAILY, Director of Special Projects J
Reviewed by:
Town Manager &It&Own Attorney Finance
— 10/8/14 PC SE t7�taafff�Rp
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PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Planned Developments
May 28, 2014
DISCUSSION:
The intent of the proposed amendments is to rescind the existing section of the Town Code
which regulates Planned Development Overlay Zones (PD) (Attachment 1) and to implement
new regulations (Attachment 2). The major changes are summarized as follows:
1. The purpose and intent of a PD has been narrowed to protect and preserve hillsides,
natural and historic resources, ridgelines, trees, creeks, riparian corridors and open
space.
2. PD's will only be permitted on properties that meet one of the following criteria: a)
are within the Hillside Development Standards Guidelines Area Map (Attachment 3),
b) have a Landmark Historic Preservation (LHP) overlay zone, c) contain a tree or
stand of trees that constitutes an important community resource, and d) contains a
stream, channel or creek that supports or has supported riparian vegetation, fish,
and /or aquatic life. Item c will be clarified in the future Heritage Tree Ordinance.
3. There is no minimum lot size to request a PD.
CONCLUSION:
Town Council should evaluate the recommendations made by the Council Ad Hoc subcommittee
and provide direction to staff if there is an interest to prepare the required Town Code
amendments regarding the Planned Development Overlay Zone and related General Plan and
policy amendments to maintain consistency between the guiding documents.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
There are no fiscal impacts related to this discussion.
ATTACHMENTS:
1. Excerpt from Town Code regarding Planned Development Overlay Zones
2. Draft Planned Development Overlay Zone amendments
3. Hillside Development Standards Guidelines Area Map
LRP:SLB:cg
DIVISION 2. PD OR PLANNED DEVELOPMENT OVERLAP' ZONE
Sec. 29.80.075 Application
Sec. 29.80.080. Intent
Sec. 29.80.085 PD and underlying zone altematives
Sec. 29.80.090. Proper subdivision required
Sec. 29.80.095. Relationship of PD procedures to other ordinances
Sec. 29.80. 100. General provisions in PD zones
Sec. 29.80.105. Site area
Sec. 29.80.110. Uses permitted
Sec. 29.80.115. Density regulations
Sec. 29.80.120. Adoption of official development plan
Sec. 29.80.125. PD ordinance
Sec. 29.80.130. Architecture and site approval
Sec. 29.80.135. Phased development
Sec. 29.80.140. Dedication prior to issuance of first building permit
Sec. 29.80.145. Change in official development plan
Secs. 29.80.150 -29.80 210 'Reserved
Sec. 29.80.075. Application,
(a)The following ordinances that concern designation of land PD or RPD have at various
times been adopted by the Town: 847, 855, 938, 967, 977, 992, 1053, 1061, 1067, 1077,
1109, 1110, 1121, 1123, 1129, 1172, 1216, 1247, 1275, 1279, 1281, and 1302. Of the
foregoing ordinances the following:
(1)Have heretofore been repealed: 847, 967, 977 and 1123.
(2)Were repealed by Ordinance No. 1328: 855 and 992.
(3)Remain in effect, subject to the further provisions of this section: 938, 1053,
1061, 1067, 1077, 1109, 1110, 1121, 1129, 1172, 1216, 1247, 1275, 1279, 1281
and 1302.
(b)lf a PD or RPD ordinance was in effect before the effective date of Ordinance No.
1328 and is not repealed by the provisions of this section, the regulations of such
ordinance (including regulations that may have been incorporated by reference to the
general provisions of a zoning ordinance then in effect) continue to apply to the land
designated therein. However, any change in activities conducted on, or any new
construction on land in such PD or RPD zone is subject to the regulations of this division.
(Ord. No. 1316, § 4.82.010, 6 -7 -76; Ord. No. 1328, 8 -2 -76; Ord. No. 1363, 8 -1 -77;
Ord. No. 1838, § -171, 11 -5 -90)
ATTACHMENT 1
of Exhibit 2
10/8/14 PC Staff Rpt
Sec. 29.80.080. Intent.
The purpose of the PD or planned development overlay zone is to provide for
alternative uses and developments more consistent with site characteristics than are
allowed in other zones, and so create an optimum quantity and use of open space and
encourage good design. The PD zone permits establishment of a single use or the
integration of several uses not ordinarily possible only if use and development is in
compliance with a complete development plan showing relationships of the use or uses to
each other, to the district as a whole, and to surrounding areas.
(Ord. No. 1316, § 4.82.020, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Sec. 29.80.085. PD and underlying zone alternatives.
A lot zoned PD or planned development overlay may be used either in the manner
provided in the PD zone or the manner provided in the underlying zone but not both; the
two (2) zones are complete alternatives. All of the regulations of the zone used apply, and
none of the regulations of the other zone, except in the situation where a PD zone is used
and the PD ordinance expressly incorporates provisions of the underlying zone. However,
once land is used in the manner provided in one (1) of the zones an election shall not then
be made to use the land in the manner provided in the other zone unless the land is made
to conform in all respects to the rules of the other zone. In this respect no nonconforming
use privilege exists.
(Ord. No. 1316, § 4.82.030, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
See. 29.80.090. Proper subdivision required.
Notwithstanding the provisions of section 29.80.085, land zoned PD or planned
development overlay may not be used in either manner provided in the PD zoning
ordinance or the manner provided in the underlying zone unless the land is subdivided in
conformity with the regulations of the applicable zone.
(Ord. No. 1316, § 4.81.040, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Sec. 29.80.095. Relationship of PD procedures to other ordinances.
Compliance with the provisions of this division does not relieve the applicant
from having to comply with the subdivision ordinance or any other applicable ordinance
of the Town. Subdivision applications shall not be filed for a PD until such time as the
PD overlay zone ordinance has been adopted.
(Ord. No. 1316, § 4.81.050, 6 -7 -76; Ord. No. 1328, 8 -2 -76; Ord. No. 1942, § 1, 5 -17-
93)
See. 29.80.100. General provisions in PD zones.
Unless expressly provided otherwise in the PD or planned development overlay
zoning ordinance, the general provisions of this chapter which apply to all zones also
apply to PD zones. Every PD ordinance shall include a statement of the extent to which
the provisions of sections 29.40.015 through 29.40.070 and article V of this chapter
apply.
(Ord. No. 1316, § 4.82.060, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Sec. 29.80.105. Site area.
A planned development zone shall not consist of less than forty thousand (40,000)
square feet of contiguous site area unless the purpose of the planned development is to
provide housing for low income senior citizens, in which case there is no minimum site
area.
(Ord. No. 1316, § 4.82.070, 6 -7 -76' Ord. No. 1328, 8 -2 -76; Ord. No. 1500, 5- 18 -81)
Sec. 29.80.110. Uses permitted.
All uses or combinations thereof to the extent specified in the official
development plan shall be permitted in the PD or planned development overlay zone.
(Ord. No. 1316, § 4.82.080, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Sec. 29.80.115. Density regulations.
In residential planned developments the official development plan prescribes the
density, which may not exceed the allowable density limits of the land use element of the
general plan and any specific plan.
(Ord. No. 1316, § 4.82.090, 6 -7 -76 Ord. No. 1328, 8 -2 -76)
Sec. 29.80.120. Adoption of official development plan.
The applicant shall file a preliminary development plan drawn to scale with any
application for PD zoning showing:
MA land use plan locating all proposed uses.
(2)A tentative site plan illustrating the following:
a.Building placement.
b.Open space, public and private; indicating how it is to be used.
c.Natural features such as creeks, major trees, bluffs, etc.
d.Sidewalks, paths and trails.
eTarking areas.
f. Vehicular circulation.
g.Major features on adjacent property which affect the development
proposal or are potentially affected by it.
(3)Schematic architectural elevations of all buildings and structures illustrated in
relationship to each other and any major structures on adjacent property which are
affected by the development proposal or are potentially affected by it.
(4)Schedule for any phasing of development.
(5)Future lot lines, condominium units and easement areas, all subject to
subdivision approval.
(6)Tabulation of land area including the areas of:
a.Entire planned development.
b. Public streets.
c.Private streets.
d.Driveways.
e.l.and covered by buildings including garages and carports.
f. Landscaped public open space.
g.Landscaped private open space.
h.Unoovered off - street parking.
i.Net land after deduction of all public and private streets.
(7)Floor area of each type of occupancy (for example: shops, offices, warehouses
or dwellings).
(8)Proposed number of off - street parking spaces.
(9)Grading, soils, and geologic information.
(IO)Proposed signing.
(I I )Copies of any instrument or document such as covenants, conditions and
restrictions which are intended to be used to affect the subdividing of the land.
(12)Such other information as the Planning Commission or Planning Director may
require, which may include but is not limited to market analysis showing the need
for the planned development and its components.
(Ord. No. 1316, §4.82.100, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
See. 29.80.125. PD ordinance.
Any ordinance rezoning land to PD or planned development overlay shall
incorporate the preliminary development plan as the official development plan. Either
such ordinance, or the underlying zone, but not both, governs all development and use of
the land. The official development plan shall specify the total number of permitted
buildings, the categories of uses permitted, the total numbers of units of use, such as
shops, offices, warehouses or dwellings, streets, sign regulations, and the total number of
parking spaces or the formula by which the total number is to be calculated in such detail
as is appropriate, and shall include any other performance standards which the Council
determines are needed.
(Ord. No. 1316, § 4.82.110, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Sec. 29.80.130. Architecture and site approval.
In a PD zone architecture and site approval is required before any construction
work is performed, whether or not a permit is required for the work, and before any
permit for construction is issued. However, if the construction is to be done under the
regulations of the underlying zone, the regulations of that zone, including regulations
pertaining to approvals and permits, apply.
(Ord. No. 1316, § 4.82.120, 6 -7 -76; Ord. No. 1328, 8 -2 -76; Ord. No. 1838, § IV, 11-5-
90)
Sec. 29.80.135. Phased development.
Phased development shall be approved only if each phase is designed to stand as
an independent development and each meets the requirements of this chapter.
(Ord. No. 1316, § 4.82.130, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Sec. 29.80.140. Dedication prior to issuance of first building permit.
To assure that open space will be available for the entire developed PD or planned
development overlay zone, public sites and development rights for required open spaces
for any phase shall be dedicated in advance of the issuance of any permits. Dedications
for other purposes may be required before the issuance of the first building permit.
(Ord. No. 1316, § 4.82.140, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
See. 29.80.145. Change in official development plan.
Changes in the official development plan shall be made by ordinance.
(Ord. No. 1316, § 4.82.150, 6 -7 -76; Ord. No. 1328, 8 -2 -76)
Secs. 29.80.150 - 29.80.210. Reserved.
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DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE
See. 29.80.075. Purpose and Intent.
Sec. 29.80.080. Limitations on Use of Planned Development.
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances.
Sec. 29.80.090. Requirements.
See. 29.80.095. Findings.
Sec. 29.80.100. Phased development.
Sec. 29.80.105. Dedication prior to issuance of first building permit.
Sec. 29.80.110. Vested.
Sec. 29.80.120. Amendments to Previously Approved Planned Developments.
Sec. 29.80.075. Purpose and Intent.
The purpose and intent of the Planned Development Overlay Zone (PD) is to ensure that
property is developed, designed and sited to protect, preserve and enhance conservation and
enrichment of hillsides, natural and historic resources, ridgelines, tree or stand of trees, creek and
riparian corridors and open space.
Sec. 29.80.080. Limitations on Use of Planned Development.
An Application for a PD shall only be considered in conjunction with a subdivision of property
that meets the Purpose and Intent of this Division and shall only be considered for use on
property that meets one of the following criteria:
A. Property that is designated within the Hillside Development Standards Guidelines Area
Map.
B. Property that is designated within the Landmark Historic Preservation (LHP) Overlay
Zone.
C. Property with a tree or "stand of trees " that is unique, historical, ecological, or of
aesthetic value, such that it constitutes an important community resource as determined
according to standards set forth in the Town's Heritage Tree Ordinance.
D. Property that contains a stream, channel, or creek that supports or has supported riparian
vegetation, fish, and /or aquatic life.
See. 29.80.085. Relationship of Planned Development procedures to other ordinances.
The provisions of this Division do not negate the application of any existing land use regulation,
ordinance, General Plan provision or any other provision of the town Code otherwise applicable
to the property.
Sec. 29.80.090. Requirements.
The PD application shall clearly demonstrate that proposed development has been designed and
sited to ensure that impacts and disturbance to the property are minimized to protect, preserve
and enhance conservation and enrichment of hillsides, natural and historic resources, ridgelines,
tree or stand of trees, creek and riparian corridors and open space. The PD application shall
include a text and plans or diagrams that specify all of the following:
of Exhibit 2
10/8/14 PC Staff
I . Compliance with Section 29.80.075; Purpose and Intent.
2. Compliance with Section 29.80.080; Limitations on Use of Planned
Development.
3. Conformity of the PD to the General Plan.
4. A plan or set of plans that set out characteristics existing on the property
which warrant application of the PD Overlay Zone.
5. Proposed distribution, location and extent of the uses of land, including open
space.
6. Proposed standards and criteria by which development will proceed, including
standards for conservation, development and utilization of natural and historic
resources.
7. Proposed deviations from the land use regulations applicable to the underlying
zoning district(s).
Sec. 29.80.095. Findings.
The deciding body, on the basis of evidence submitted at the hearing, may adopt a PD if it
determines that the PD meets the requirements of Section 29.80.80, specifically, that it will
protect, preserve and enhance conservation and enrichment of hillsides, natural and historic
resources, ridgelines, tree or stand of trees, creek and riparian corridors and open space.
Sec. 29.80.100. Phased development.
Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is
self - sufficient and is not dependent on subsequent phases to fulfill infrastructure requirements
and /or conditions of approval.
See. 29.80.105. Dedication prior to issuance of first building permit.
Development rights for required open spaces shall be dedicated in advance of the issuance of any
building permits.
Sec. 29.80.110. Vested.
Failure to obtain building permits for the approved Planned Development within 24 months from
the date of approval will automatically void the PD ordinance, unless an extension of time has
been granted by the Town Council for good cause shown.
Sec. 29.80.120. Amendments to Previously Approved Planned Development.
Amendments to a PD approved both prior to and after the adoption of this Division may only be
considered under this Division and its provisions and must meet the requirements set forth
herein.
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