Council to Proceed with Second Reading of Ordinance Banning Applications for Planned Developments Despite Lawsuit Threat

The Pasadena City Council on Monday will conduct the second reading of an ordinance that will eliminate future applications for Planned Developments (PDs) Monday night. 

A Planned Development is a zoning district that allows for a more flexible approach to development than traditional zoning districts. PDs are intended for sites where an applicant proposes and the City wants to achieve a particular mix of land uses, densities, and/or design features that would not be possible under traditional zoning.

PDs were subject to a more rigorous review process than traditional zoning applications, but they offered developers more flexibility in terms of site planning and design. PDs were considered a valuable tool for developers who were looking to build innovative projects, however community groups often objected to the resulting projects and to the PD process.

The new ordinance amends the City’s Zoning Code by eliminating the ability to apply for Planned Developments, while retaining the ability to continue to process applications for Planned Developments submitted prior to February 27, and to administer and amend existing Planned Developments.

A group is threatening to sue the City over the ordinance. 

According to the group YIMBY Law, the ordinance violates California Government Code Section 66300(b), which states that “an affected county or an affected city shall not enact a development policy, standard, or condition that would change the general plan land use designation or specific plan land use designation.

The city initiated the elimination of PDs in response to concerns about recent PD applications such as the oversized scale and intensity of development proposed under the PD; the lack of consistency of new development with the General Plan, Specific Plans, and Zoning Code; the limited public participation in the early development of project proposals; the need to balance project requests with potential community benefits; and the lack of consideration for appropriate and contextual design for PD projects. 

“Eliminating the Planned Development process would remove a tool that has resulted in recent project requests that have generated community concerns,” the staff report read. “Relying on the remaining tools in the Zoning Code for flexibility would tie future projects to the purpose and intent of the Zoning Code and Specific Plans, which are reflective of significant community input in crafting the City’s vision for development.” 

Last February 27, the City Council voted unanimously to eliminate PD application and process from the Zoning Code. 

Representatives from the Planning and Community Development Department said the 31 existing PDs would remain in place and would be subject to the regulations that are currently in place while the two active PD applications would be processed to their conclusion.

As per staff report, PDs were intended for sites with opportunities to achieve a particular mix of uses, appearance, land use compatibility, or special sensitivity to neighborhood character. 

Each PD requires a Zoning Map amendment and a PD Plan prescribing development standards and land uses. 

The Zoning Code has tools outside of the PD process to address flexibility in development standards for exceptional circumstances, preservation of historic resources, and quality design.