§ 17.40.030. Planned development, (PD) overlay zone.

A.

Purpose. The purpose of the planned development (PD) overlay zone, is to provide for detailed and substantial analysis of development on parcels which, because of location, size or public ownership, warrant special review. This overlay zone is also intended to allow for the modification of or exemption from the development standards of the primary zone which would otherwise apply if such action would result in better design or other public benefit.

B.

Chapter Application. The requirements and procedures contained in this chapter shall apply to all properties which have, in addition to a primary or base zone district, the planned development (PD) overlay zone, unless otherwise provided in this chapter.

C.

Permitted Uses. Subject to the granting of a conditional use permit for a conceptual and/or a precise plan of development:

1.

Any principal or conditional use which is allowed by the primary zoning district is a permitted use;

2.

Community housing projects as defined in Chapter 17.49, may be permitted in PD overlay residential zones. The provisions of that chapter shall, also apply to the review of such PD overlay zone projects.

D.

General Development Standards. The standards for development within a PD overlay zone shall be those of the base zoning district, provided however, that standards may be modified by the planning commission or city council as they relate to: building heights; yard requirements; and minimum lot area for dwelling units in the density range provided that any specific design criteria of the general plan and coastal land use plan, applicable to the property, is not exceeded. For those areas of the city which are covered by the waterfront master plan, all new development projects requiring discretionary permits (conditional use permits, etc.) shall be consistent with the design guidelines contained in Chapter 5 of the waterfront master plan. Modifications of standards shall only be approved upon a finding that greater than normal public benefits may be achieved by such deviations. Such benefits may include, but are not limited to improved or innovative site and architectural design, greater public or private usable open space and provisions of housing for the elderly or low/moderate income families, provision of extraordinary public access, provision for protecting environmentally sensitive habitat (ESH) areas, but in all cases these provisions shall meet the coastal land use policies.

E.

Consistency With General Plan and Local Coastal Program. New development and uses may be permitted only if found to be consistent with the applicable policies of the Morro Bay general plan and local coastal program.

F.

Conceptual Plans Required for Proposal Involving Public Lands or Large Parcels. A concept plan shall be submitted and approved pursuant to this chapter prior to submittal of any new development; new use or change in use; or subdivisions of a series of two or more commonly held contiguous parcels of land, on property within a PD overlay zone which is publicly owned, including tidelands, or in its gross or aggregate area exceeds one acre.

1.

Contents of the Conceptual Plan. The concept plan shall be a general development plan and shall not include construction plan drawings such as complete engineering or tentative maps. The following information shall be included in the concept plan:

a.

Plot Plan. A proposed plot plan for the development, including project boundary designation, perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, tentative location of buildings, roads, parking and open areas;

b.

Streets. The width and location of surrounding and adjoining streets and proposed street alignments within the site, and connections to existing streets;

c.

Adjoining Properties. The use of adjoining properties, any building within fifteen feet of the property line shall be precisely located;

d.

Topography. The existing and proposed changes in topography of the site, including the degree of land disturbance, the location of drainage channels or water courses and the direction of drainage flow;

e.

Utilities. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site;

f.

Structures and Existing Trees. The location of any structures and existing trees in excess of six inches in diameter upon the site designated for retention or removal;

g.

Phased Development. The approximate timetable and priorities of any phased development;

h.

Architectural Concepts. Sketches showing architectural concepts of the proposed building, including heights, design, exterior materials of proposed buildings, other structures, fencing and signing;

i.

Open Space Plan. Proposed open space plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property; a description of intended improvements to the open area of the property.

j.

Other Information. The planning commission and city council may require such other information as deemed necessary, which may include but not be limited to, economic analysis, habitat analysis, archaeological analysis, visual quality analysis, public access analysis, thoroughfare plans, public services and facilities plans, utilities service plans, and conceptual method of land subdivision or ownership arrangement described by a preliminary parcel or tract map, pursuant to the provisions of Title 14 of this code.

2.

Concept Plan Approval. In addition to the review provisions of Chapter 17.60 describing the processing of conditional use permits, concept plans for PD overlay zone properties shall receive final approval from the city council at a duly noticed public hearing. The planning commission shall first review the concept plan by conducting a public hearing. If the commission consideration is to approve the plan, it shall report such findings and recommendation to the city council. If the commission determines to deny the plan, it need not be forwarded to the council and the commission decision shall become final unless appealed.

G.

Precise Plans Required. Upon approval by the city council of a concept plan, or where no conceptual approval is required, a precise plan of development shall be submitted to the planning commission showing the details of property improvement and uses or activities to be conducted on the site, and any subdivision proposals. Precise plans shall be processed in accordance with procedures for a conditional use permit as contained in Chapter 17.60.

1.

Precise Plan Content. Plans shall be prepared containing all the general information required of concept plans, which has been further developed to a precise level of detail. Any data or calculations necessary to evaluate the precise plan proposal, shall accompany such plans. A precise plan shall contain the following minimum information:

a.

Total Development Plan. The total development plan showing the precise dimensions and locations of proposed structures, buildings, streets, parking, yards, pathways, open spaces and other public or private facilities;

b.

Architectural Elevations. Fully developed architectural elevations of all buildings, structures, signs and fencing, showing colors and materials of construction;

c.

Landscaping Plan. A landscaping plan showing plant materials, type and size of plants at the time of planting, and method of maintenance;

d.

Engineering Plans. Engineering plans showing site grading, and amount of cut and fill, including finished grades and proposed drainage facilities;

e.

Proposed Site Uses or Activities. Listing all of proposed site uses or activities to be conducted on the site, with related floor area depicted or calculations of site area to be devoted to such uses;

f.

Miscellaneous Plans. Miscellaneous plans (as appropriate) showing any exterior lighting, roof plans, site cross-sections, view sight lines, ESH mitigation plans, archaeological mitigation plans, visual quality plans, public access mitigation plans, or other features necessary to evaluate the specific proposal including the information required of community housing projects;

g.

Tentative Tract or Parcel Map. Tentative tract or parcel map, where lands involved in the proposal are to be divided or joined together.

2.

Precise Plan Approval. The planning commission, in granting a conditional use permit for PD overlay zone precise plans, shall make the findings required by Section 17.60.030; and, further find that precise plans are in substantial conformance with any conceptual plan approval granted by the city council.

H.

Expiration Of Plan And Permit Approvals.

1.

Precise Plans. Where a conceptual plan is required, precise plans must be submitted to the planning commission within one year from the date of city council approval or approval of the State Coastal Commission where said plan requires their approval. Without further action, concept plans shall automatically become null and void after one year has elapsed.

2.

Precise Plan Expiration. Precise plans shall expire two years from the date of approval if not initiated, except where a tentative subdivision map has been approved in conjunction with a PD overlay zone project, in which case, the conditional use permit shall expire upon the expiration of the tentative map.

3.

Extensions of Time. The planning commission may grant extensions of time as provided for use permits, coastal development permits and subdivisions.

I.

Phased Development. In the event that the applicant intends to develop the proposal in phases, and the planning commission or city council as applicable, approves phased development, said plans shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.

J.

Minor Improvements To PD Overlay Zone Properties. Other provisions of this chapter notwithstanding, a minor use permit shall be required for PD overlay zone development involving any of the following:

1.

An increase in existing building floor area or building height, of not more than ten percent or five thousand square feet whichever is less, and the construction of minor accessory buildings or appurtenances;

2.

Minor changes to architectural facades, or other embellishments;

3.

Minor revisions to parking layout;

4.

A change in signing programs;

5.

Revisions to site landscaping;

6.

A change in property use to add or replace an existing use with one permitted in the base zone, if associated improvements are no more intensive than previously approved uses.

(Ord. 445 § 3 (part), 1995)