§143.0410 General Development Regulations for Planned Development Permits
(a) Deviations
(1) The base zone development regulations apply to all developments except to the extent that deviations are included as part of the approved Planned Development Permit.
(2) In accordance with the purpose of this division, deviations from the applicable base zone development regulations may be requested in order to provide flexibility in achieving a zone-equivalent project design that will be consistent with the intent of the base zone. Significant deviations from the base zone regulations that are not consistent with the purpose of this division require a variance in conjunction with the approval of the Planned Development Permit.
(3) A Planned Development Permit may not be used to request deviations from any of the following regulations:
(A) Maximum building height of 30 feet for the area in the Coastal Height Limit Overlay Zone as identified in Section 132.0502;
(B) Floor area ratio for the entire premises except as permitted in the Kearny Mesa Community Plan;
(C) Residential density unless an affordable housing density bonus is obtained in accordance with Chapter 14, Article 3, Division 7 (Affordable Housing Regulations);
(D) Residential density except as provided in Section 143.0402;
(E) Applicable supplemental regulations identified in Table 143-04A;
(F) The regulations in Chapter 14, Article 3, Division 1 (Environmentally Sensitive Lands Regulations); and
(G) The regulations in Chapter 14, Article 3, Division 2 (Historical Resources Regulations).
(b) Density and Intensity
(1) The number of dwelling units or total gross floor area to be built on the premises shall not exceed that set forth by the applicable zone and the applicable land use plan except as permitted by 143.0410(a)(3)(D), and shall be based on the area of the entire premises. The dwelling units or gross floor area may be distributed without regard to the proposed lot boundaries.
(2) If the premises is located in two or more zones, the maximum number of dwelling units or the gross floor area permitted on the premises shall be the sum of the dwelling units or the gross floor area permitted in each of the zones and may be distributed without regard to the zone boundaries.
(3) If the Planned Development Permit includes property that is shown as part of a designated open space system in the applicable land use plan, and is accepted by the City as dedicated open space, that portion of the property may be included in the calculation of the overall project density by using the density of the base zone.
(4) The areas of the premises that are designated for public or private streets may not be utilized in the calculation of maximum density.
(5) The areas of the premises that are designated for private drives may be used in the calculation of maximum density.
(c) Public Transportation
Access to or improvements for public transportation shall be provided as required by the Metropolitan Transit Development Board.
(d) Parking and Access
(1) Off-street parking spaces shall be sufficient in size and quantity to accommodate all of the proposed uses on the premises.
(2) Parking areas and access drives should be located to avoid conflicts with internal pedestrian circulation, street systems, and adjacent properties.
(3) The circulation plan shall indicate the location of vehicular and pedestrian access on the site between the public right-of-way, building entrances, sidewalks, public transit facilities, and loading/service facilities. Pedestrian access to the surrounding streets should be maximized.
(e) Landscaping
(1) All landscaping shall comply with requirements of Chapter 14, Article 2, Division 4 (Landscape Regulations).
(2) The pattern of landscaping and the materials used in the development should be generally consistent in species, quantity, and size with that of the surrounding area unless otherwise specified in the applicable land use plan.
(f) Fences and Walls
Fences and walls on individual lots should be located within the developed portion of the premises and should not be located in a manner that will encroach into or enclose or isolate portions of the premises designated to be preserved as open space.
(g) Signs
A preliminary concept sign program, including criteria for the location and design of all signs to be used on the premises, shall be submitted. All signs shall comply with Chapter 14, Article 2, Division 12 (Sign Regulations).
(h) Accessory Structures
(1) The development may include accessory commercial, office, utility, maintenance, and recreational facilities provided the facilities are limited in size, use, and capacity to serve only the needs of the occupants and guests of the development.
(2) Accessory structures, including trash enclosures, shall be architecturally compatible in style and building materials with the primary buildings on the premises.
(i) Shadow Plan
When it is determined that the structures or landscaping within a proposed development may have an impact on an adjacent property’s access to solar exposure, a shadow plan will be required to ensure that potential impacts will be minimized.
(j) Criteria For Development Design
The following design criteria will be used to evaluate proposed developments in conjunction with the required findings.
(1) The overall development design should be comprehensive and should demonstrate the relationships of the proposed development on-site with existing development off-site.
(2) The scale of the project should be consistent with the neighborhood scale as represented by the dominant development pattern in the surrounding area or as otherwise specified in the applicable land use plan.
(3) Buildings should avoid an overwhelming or dominating appearance as compared to adjacent structures and development patterns. Abrupt differences in scale between large commercial buildings and adjacent residential areas should be avoided. Instead, gradual transitions in building scale should be incorporated.
(4) Larger structures should be designed to reduce actual or apparent bulk. This can be achieved by using pitched roof designs, separating large surface masses through changes in exterior treatment, or other architectural techniques.
(5) Buildings, structures, and facilities on the premises should be well integrated into, oriented towards, and related to, the topographic and natural features of the site.
(6) Proposed developments should avoid repetitious development patterns that are inconsistent with the goals of the applicable land use plan.
(7) To the greatest extent possible, landscaping should be used to soften the appearance of blank walls and building edges and enhance the pedestrian scale of the development.
(8) Elements such as street trees, curbside landscaping, varied setbacks, and enhanced paving should be used to enhance the visual appearance of the development.
(9) Roof forms should be consistent in material, design, and appearance with existing structures in the surrounding neighborhood.
(10) Plant materials and other design features should be used to define and enhance the appearance of roof spaces, especially flat roofs that are visible from higher elevations.
(11) Building material and color palettes should be consistent with applicable guidelines in the applicable land use plan, if provided.
(Amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.)
(Amended 3-1-2006 by O-19467 N.S.; effective 8-10-2006.)
(Amended 11-13-2008 by O-19801 N.S.; effective 12-13-2008.)
(Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)
(Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.)
(Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.)