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HomeMy WebLinkAboutOrd 1303 - Sec 25.78.080 Specific PlansMEELiING DATE 6[ ` U `-;Z �!PEDT02NDRWNG INi�F.i] 3a ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COUNCL-Qf-T�,C11Y PALM DESERT, CALIFORNIA REPEALING PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPTING A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did on the 2& day of January, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1" day of December, 2015, hold a duly noticed public hearing and recommended approval of the request by the City of Palm Desert of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plans" of the Palm Desert Municipal Code creates a redundant application process already covered by the City's Precise Plan application process; and WHEREAS, an Ordinance to establish a process for Specific Plans is supported by State Government Code Title 7 — "Planning and Land Use", Chapter 3, Article 1 — "Local Planning", sections 65450 — 65457 — "Specific Plans", which allow local legislative bodies to carry out planning functions within their jurisdictional boundaries; and WHEREAS, the City Council of the City of Palm Desert, California, wishes to establish a Specific Plan Ordinance to provide proper tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect the changes proposed in the Specific Plan Ordinance; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the ORDINANCE NO. 1303 following regulations are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Reveal of Palm Desert Municipal Code Section 25.72.040 "Development Plans". SECTION 3. Adoption of a Specific Plan Ordinance as Palm Desert Municipal Code Section 25.78.080 "Specific Plans". Section 25.78.080, of the Palm Desert Municipal Code is hereby adopted to read as follows: 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. G:IPlanning\Eric CejalGase Files2OA20A 15-003 Specific PlansTublic Hearing slGity CouncikCity Council 0 rdi n a n ce. do c ORDINANCE NO. 1303 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. SECTION 4. Amendment to the Palm Desert Municipal Code. Section 25.28.060, of the Palm Desert Municipal Code is hereby amended to read as follows: 25-28.060 Planned Community Development Overla►► District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. Specific plan approval, as outlined in Section 25.78.080, is required for -the development of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 10 acres shall be required for a planned community development. 2. Specific plan required. Any application for the development of a parcels) in the PCD overlay zone shall be accompanied by a specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in single ownership or under unified control or have the written consent or agreement of all owners of property proposed far inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall remain valid for all existing development projects. However, amendments to these plans will require preparation of a Specific Plan document to be approved in accordance with Section 25.78.080. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. GAP lanninglE0c Ceja\Case Files\ZOA\ZOA 15-003 Specific P[an s\Public Hea6ngslCity CouncRCity Council Ord inance.doc ORDINANCE NO. 1303 SECTION 5. Amendments to the Palm Desert Municipal Code. Section 25.28.070, of the Palm Desert Municipal Code is hereby amended to read as follows: 25.28.070 Freewav Commercial Overlav District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses ate} conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit are as follows: 1. Restaurants, general, including drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. S. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10. Automotive sales new and used (Outdoor/Indoor). C. Development standards. Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards: 1. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 2. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 3. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 4. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will G:1Plann1ng\Edc Ce}alCase Files\ZOA\ZOA 15-003 specific PlansTublic Hearings\City Council\Gity Council Ordinan ce.doc ORDINANCE NO. 1303 occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. SECTION 6. Amendments to the Palm Desert Municipal Code. Section 25.60.060, subsection A, of the Palm Desert Municipal Code is hereby amended to read as follows: A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. SECTION 7. Amendments to the Palm Desert Municipal Code. The following definitions are hereby amended in the Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions" in alphabetical order: "Planned Development." A development of parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. "Planned Unit Development industrial." A development of industrial parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Planned Unit Development residential." A development of residential parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Specific Plan." A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types pursuant to the requirements of the Government Code of the state. WPlanninglEric Ceja\Case FilesVOA2OA 15-003 Specific PlanslPublic HearingslCity GouncHNC ity Council Ord inan ce.doc ORDINANCE NO. 1303 SECTION 7. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 8. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 28 h day of Januarv, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:Tlanning\Eric Ceja\Case Files\ZOAMA 15-003 Specific Plans\Public HearingslCity CouncillCity Council Ordinance.doc CITY COUNCIL ORDINANCE NO. EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. CITY COUNCIL ORDINANCE NO. EXHIBIT B 25.28.060 Planned Community Development Overlay District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish l-er areas for coordinated land use, and master specific planning purposes that may include multiple properties. Apprcvc� V a Dovolop-4e t-PlIaR—Specific plan approval, as outlined in Section 25.72/-110 25.78.080, is required for-approvol of a the development in-t�lann,,ci! CommVR4 nyeflay r[i-� of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 498 10 acres shall be required for a planned community development. 2. Master Specific plan required. Any application for a plinnod oommanmity the development of a parcel(s) in the PCD overlay zone shall be accompanied by a raster specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in one single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall remain valid for all existing development projects. However, amendments to these plans will require preparation of a Specific Plan document to be approved in accordance with Section 25.78.080. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a wtasrte�r specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. .na■rrr_ Mn mrw 1. 1 IrtOn r Geipt of a `r.rr+nlete Chango of'crA a�nf;cc, `ar an ovarloy zonc r• r•--- ar�d cpooif o plcn •ll G imam' i4,n �p,�1-imr+nf ei-.�II rr.iridixr 4hcsnrtlir�4irn tV 1 � F' l M J materiolo and prapara Q r�omi rcni sdC7+riv7rtr'ty iris �I + ninny inrr miccinn _ �nri City ^ ern � 1 CITY COUNCIL ORDINANCE NO. ?. Tho PlaRRing COMMiSGOGR sha I hold a pubc haaring on suoh appliaatiei . 1# tho C--nmiGJon findo tF%o criteria oct fc� i;, t"ic CI)u-ptor arrd in Gaol/jn 2E.78.080 have -beer rriat� it may establish }tee�rlcy --Na-�o rL:bjoot tc oud'i c it Tho ✓onTmomion mwy deny b appl+sattonr, if it findo any of tho orito,+a—iavo not bKon mot, or that the oppm,,.al of tho oppl Mal to tho public p000c\, hoaW, safc�y, or %ve#af-(,- 3. Qhungo of Zoe Spcoifia Plcn aopliootima ohali be fo .,yarded fc�- w pub!io hearing Mr!h the Cit)--Ga oil. Tho .rounojl, in a000 JaRGe with SeGtion 2E.7E.080, moy appmvc� appreve—with modif�ccticm, ✓ don applioQf�om. Tho Jaoioion of the Council ohall bo finsl. 1. Tho o,,wlay and any mactar opooifio pl l c othor mctorb! approvDd oo s part therccf rh, a!1 b000mo null cr.-� void if tho phyo;oel dc,00k-ant cf the d!otriot ii~ not oo:nmcn--,cd xvltl*f --#pro (2) ym,o frun dato of adc/ption of t,3 2, An mtomion of times—;u; tc 07.1jacl one ;osr, m&y be gr&ntod by tha Goswksaion whoa owl��ig oiroumMonsoo oan bo doarly :J'rrIn by tho appliosnt. Tho mquact fv,, an o;�tonoron ci ti„r cJ->a,'1 bo oubmittod to ter C,e,nmiooion in Miting prime to tho ol(pir�tfen data and droll olaorly atate th rr��cr•,a vthy the phy6or-1 dove!opmont of the-djs#iat hao not aamMGnood rX)d ouJ� ovorlay zono hou not bvca ut4ized --�Lrtsal ;.1j'tiaal ovorlay and/or n.actor plsn i❑ -,oncidc�od viffioiant to ma4"n trra ovc)rlc)• zono dcosgnat:g^,,--and notion -by the Ceunoil in tho fore of s zoning am,,--�.-nont ir, mguirod to cltor tho bouncb.-ieo, mac: opoafis-plan, or do elopment standaFds �filLr 2 CITY COUNCIL ORDINANCE NO. EXHIBIT C 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of-a-Air+e#y-specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses eely conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit &hall be are as follows: 1. Restaurants, general, including drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25,34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10. Automotive sales new and used (Outdoor/indoor). C. Development standards. P-rejecto propGo3s! undor this er oh,c11 ho mastor plgnnad and tho :ortcr plan %hall ti cpprcvc�d by tha Commitiion prier k-3 any aonctroot:on Wivity. Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards. 1. Vcl t I,2Fn+ont cf indiYi96, I pr ' a appra,/3d meth, plen chcll be p, ovcc&o, thmugh tho pr"-ko plan prove. 2—Praporty to be mastar planner shall be at. In",� 5 aomo in cis cng shall hove frcntcgc on c &signated aFterial stFeet.- 3. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section 25,34.090 (Automotive Service Stations). CITY COUNCIL ORDINANCE NO. E. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All rnstic; plcnnod commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. OA' CITY COUNCIL ORDINANCE No. Exhibit D 25-60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, Master plan, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. if the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one -eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. CITY COUNCIL ORDINANCE No. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth, iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter, The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific dateltime, then the hearing shall be re -noticed. CITY COUNCIL ORDINANCE NO. EXHIBIT E 25.99.020 Land Use Definitions. A. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types def+nitii ctztenie4;t zdoptod by crOinc;nce of pcs; ctandcrdc, c nd ropl0onc, tcSather with a map or docoriptioi dofining the lccc-tion wlvvro u-Mh peii-- ^r , clinridardc, &nd regulatioRo cro Qgp4iGable pursuant to the requirements of the Government Code of the state. B. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved development plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. C. Planned Unit Development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved rleyelepment Chan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. D. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved development plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole.