Planned Development Commercial (PD-C) Ordinance Planning Commission - PowerPoint PPT Presentation

Planned Development Commercial (PD-C) Ordinance Planning Commission Sep 18, 2017

Background • April 24, 2017 Joint Planning Commission and Design Review Board study session for Rheem Center improvements • July 12, 2017 - Council considered alternative approaches to streamline/simplify future land use approvals in the Community Commercial District. Council direction to proceed with Commercial Planned Development (PD-C) concept; appointed Subcommittee (Korpus/Trotter) • July-August – Development of Initial Draft Ordinance • Public meeting at Hacienda de las Flores on August 9, 2017 • Ordinance revised based on subcommittee deliberations, public input

PD-C Ordinance Purpose • Creates a new Commercial Planned Development Zone; MMC Chapter 8.50 • Provides a mechanism for the creation of site specific land uses, design and development standards, and permitted/conditionally permitted uses • Eligible properties may apply for re-zone and concurrent adoption of a “PD - C Plan” including applicable standards • Opportunity for coordinated planning for multi-tenant sites and streamlining by “preapproving” uses (or simplifying approval procedures), providing some flexibility in standards,

Planning Commission Public Hearings • Public comments from owners of the Moraga and Rheem shopping centers • Key PC Discussion Items and Revisions from Steering Committee Draft • Allowable area of expansion and demolition increased; “demolition” better defined • Prohibited uses – revised to include tobacco stores (except as part of cigar lounge), firearms stores • Permitted/Conditionally Permitted Uses – Light Industrial added • Definitions of key land uses and “building” (as to demolition/expansion) • Refinement of findings language • Unanimously recommended adoption of PD-C Ordinance

Draft Ordinance Outline • Purpose and Intent (8.50.010) • Definitions (8.50.020) • Applicability (8.50.030) • Procedures for Rezoning or Amendment (8.50.040) • Application Requirements (8.50.050) • PD-C Standards (8.50.060) • Permitted and Conditionally Permitted Land Uses • Prohibited Land Uses • Height Limits • Subsequent Implementation (8.50.070) • Findings (8.50.080) • Zoning Map Designation (8.50.090)

Purpose and Intent, Definitions, Limited Applicability (8.50.010, .020, .030) • Purpose and Intent : Redevelopment and use of existing multi-tenant commercial retail centers including minor expansions, modifications, upgrades (uses and structures), and modification of development standards. • Definitions: Includes definitions for “Adult (Sex - Oriented) business,” “building,” “firearm store,” “payday lending establishment,” and “tobacco store.” • Eligible Properties : Zoned Community Commercial, Minimum 2 acres • Limitations: • No substantial site modification - changes to street network/vehicular circulation • Consistent with standards for land uses, limitations on allowable building expansions, demolition

Procedures for Rezoning or Amendment (8.50.040) • Outlines the required content of a PD-C application and the review and approval process • Approval requires two actions, processed concurrently : 1) re-zoning from Community Commercial to PD-C, and 2) adoption of a PD-C Plan • Requires a Planning Commission recommendation and Council approval for both actions • 8.50.040(F) outlines the procedures for amending the boundaries of an adopted PD-C. (Smaller contiguous properties <2 acres may be incorporated an into approved PD-C)

Application Requirements (8.50.050) • Addresses required content of an application. All requirements must be addressed for the application to be deemed complete. • Some flexibility in the requirements, recognizing that PD-C plans may vary in some degree in their purpose and scope. • Planning Director may require additional information from the applicant or waive requirements for application items determined unnecessary

PD-C Standards (8.50.060) Key Standards : Land Uses • Permitted and Conditionally Permitted Land Uses • Broad range of retail, commercial, restaurant, and service uses • Not intended to be exhaustive • Assumes that PD-C Plan will refine and/or expand this list, and establish appropriate levels of review (e.g. Permitted “as of right” vs. subject to Administrative or Planning Commission Use Permit) • Wireless Facilities allowed subject to Wireless Ordinance requirements • Planning Commission added “Light Industrial” • Prohibited Land uses • Adult Businesses, Payday Lenders, Pawnshops, Heavy Industrial • Does not preclude additional prohibited uses being added to list • Planning Commission added: Firearms Stores; Tobacco Stores (except as part of Cigar Club/Lounge)

PD-C Standards (8.50.060) Key Standards • Height limits: 35 Feet; No more than 28 feet for one-story building, except architectural features/appurtenances • Expansion of Floor Area: No more than 15 percent increase of aggregate floor area within a PD-C Plan (additional limitations – e.g on individual building expansion) may be applied as part of PD-C Approval) • Demolition: No more than 10,000 square feet of demolition within a PD-C Plan • Some exceptions defined (e.g. interior demo of historic building; allowable demolition for approved replacement building)

Subsequent Implementation (8.50.070) • Outlines the procedures for review following adoption of a PD-C Plan • Addresses the relationship between the PD-C approvals and other provisions in the MMC • Unless specifically addressed in a PD-C, existing provisions of the MMC and Community Commercial District would apply to the subject property • Sign Permits processed in accordance with MMC, or a Master Sign Program if existing or adopted as part of a PD-C Plan • Wireless Permits subject to Wireless Ordinance

Findings (8.50.080) • Includes eight findings that must be made to approve re- zoning of Community Commercial properties to PD-C • Findings A through D similar to those required in the Administrative Procedure Chapter (8.12.100) for re-zoning. • Findings E through H are specific to this ordinance but reflect language for actions of similar scope (e.g. Use Permits) • Consistency with the requirements of Chapter 8.50 • Compatible with surrounding uses • Will not create unmitigated new adverse light, glare, odors etc. impacts • Would not cause negative impacts to surrounding neighborhoods, historic or environmental resources, or conflict with Scenic Corridor Guidelines set forth in Chapter 8.132

Zoning Map Designation (8.50.090) • This section addresses how an approved PD-C will be implemented once adopted. • Each adopted PD-C would be numbered: e.g. PD-C-1, PD-C-2, etc. • Staff anticipates that individual PD-Cs would be incorporated into the MMC as either an appendix to Title 8 (Planning and Zoning) or as an individual chapter in Title 8.

Public Comments • The Town received correspondence from representatives of the Rheem Shopping Center owner regarding text changes to two of the required findings (8.60.080): • (G) The proposed uses and their operation will not generate unmitigated substantial new sources or increased levels of exterior glare, noise, odor, light, dust, smoke, or fumes, or have other characteristics, in a manner likely to interfere in a substantial manner with the use and enjoyment of neighboring properties. • (H) The proposed PD-C district will not have a negative substantial impact on surrounding development, historic resources or sensitive environmental resources, or conflict with the Scenic Corridor Guidelines set forth in Chapter 8.132. New language is shown in red.

Recommendation • Waive the First Reading and Introduce an Ordinance Adding Chapter 8.50, Planned Development – Commercial to Title 8, Planning and Zoning, of the Town of Moraga Municipal Code