Chapter 18.116 — PLANNED DEVELOPMENT PERMIT

A planned development (P.D.) permit shall provide a process whereby the county may consider proposed developments which, due to size, complexity, innovation in design, location, character and/or the unique development opportunity of the site, require application for an approval of a comprehensive development plan. In planned unit development (P.U.D.) districts, such permits shall be required for development of the land. In zoning districts which are not specifically zoned as P.U.D.

districts, the county may accept applications for a P.D. permit when a proposed development is consistent with the general plan or with any applicable area plan. (Ord. 467 § 68, 1984)

Zoning regulations and special provisions applicable to P.D. permits including permitted uses, shall be those specified in Chapter 18.48 pertaining to P.U.D. districts; provided, that an applicant may specifically propose alternatives to the development guidelines, regulations and provisions. (Ord. 467 § 68, 1984)

• (a) Application for a P.D. permit shall be initiated by submission of an application to the planning commission which shall include maps, site plans, designs and such other materials necessary to show:

  • (1) Legal boundary of the project;

  • (2) General topography, at contour intervals of ten feet, plus all natural drainage features;

  • (3) Proposed street system and lot design;

  • (4) Existing right-of-way;

  • (5) Areas proposed to be dedicated or reserved for parks, playgrounds, school sites, public or quasi-public buildings and similar uses;

  • (6) The extent, location, general arrangement and proposed improvements of all off-street parking and loading facilities;

  • (7) Areas proposed for specified uses, e.g., multiple-family or single-family dwellings, equestrian stables, etc. and all other uses proposed to be established within the district;

  • (8) Proposed locations of buildings;

  • (9) General elevations and representative architectural drawings of all proposed buildings and structures;

  • (10) The extent, location and general arrangement of all open space and landscaping; (11) The sequence of development if the project is proposed to be developed in phases;

  • (12) Other data and information which may be deemed necessary by the planning commission or the planning department for proper consideration of the application.

• (b) A tentative subdivision map, when applicable, shall constitute a major element of the P.D. application. All maps shall be consistent with the proposed P.D. application. The processing of all maps shall comply with all applicable laws and ordinances pertaining to such maps. The tentative approval of any map shall be conditioned upon approval of the associated P.D. permit.

• (c) Applications for a P.D. permit shall be accompanied by a fee as established by the board of supervisors.

• (Ord. 467 § 68, 1984)

When applicable, specific plans may be incorporated by inclusion or reference into a P.D. permit application; provided, that all provisions of this chapter are adequately addressed and that, in the event that the P.D. permit is granted, all findings and conditions of approval contained in Section 18.116.080 are specified as required.

(Ord. 467 § 68, 1984)

• (a) An applicant proposing to submit a P.D. permit application shall confer with the county planning director, the county surveyor or engineer, the county road commissioner, and the county sanitarian regarding the general design of the development and related issues prior to submittal of the application and as early in the design stage of the development as possible.

• (b) Upon submittal of an application, the county shall, within thirty days, determine whether or not it is complete and accepted for filing. If incomplete, the county shall notify the applicant of where the application is deficient and specify the required additional information. If complete, the county shall notify the applicant in writing that the application is accepted for filing.

• (Ord. 467 § 68, 1984)

The planning commission shall conduct hearings thereon. Notice of such hearings shall be given by posting notice on the property involved or adjacent thereto and by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed development at least ten days prior to the planning commission meeting. When a public hearing is required, an additional notice shall be given by one publication in a newspaper of general circulation in the county at least ten days prior to such hearing. (Ord. 467 § 68, 1984)

• (a) The granting or denying of the planned development permit or subsequent use permit shall include findings of fact related to the specific proposals and shall set forth the reasons for the grant, with or without conditions, or for the denial. Findings shall set forth specifically in which respects the development would or would not be in the public interest including, but not limited to, conclusions on the following, where applicable:

  • (1) In which respects the development plan and/or applicable specific plan is or is not consistent with the provisions or purposes of a planned unit development district and the county general plan;

  • (2) The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest;

  • (3) The purpose, location, and amount of the common open space in the planned development, the reliability of the proposals for maintenance and conservation of the

common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

• (4) The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

• (5) The relationship, beneficial or adverse, of the proposed planned development to the neighborhood in which it is proposed to be established;

• (6) In the case of a plan proposed for development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the development in the integrity of the development plan.

• (b) In the event that approval of a P.D. permit is granted, the approval shall specify the following:

  • (1) The incorporation, by reference or attachment, of all associated specific plans, subdivision maps and certificates;

  • (2) All conditions of approval, including all permitted uses and densities of usage with their specific locations;

  • (3) Clarification of the sequence of development if the project is proposed to be developed in phases;

  • (4) Architectural design plans on all proposed structures and landscaping;

  • (5) The form of all performance bonds, if any;

  • (6) Clarification of the location and use of all open space and/or common property areas and easements;

  • (7) The requirement to rezone lands to a P.U.D. district if applicable, and the incorporation of the appropriate provisions of each approved P.D. permit as a part of the ordinance to accomplish the rezoning.

• (Ord. 467 § 68, 1984)

• (a) In a planned development containing area of common ownership, the subdivision plat, dedication, covenants and other recorded legal agreements must:

  • (1) Legally create an automatic-membership, nonprofit, homes or property owners association or similar instrument;

  • (2) Place title to the common property in the home owners or property owners association, or give definite assurance that it automatically will be so placed within a reasonable definite time;

  • (3) Appropriately and permanently limit the use of the common property;

  • (4) Give each lot owner the right of use and enjoyment of the common property;

  • (5) Place responsibility for operation and maintenance of the common property in the home owners or property owners association;

  • (6) Place an association charge on each lot in a manner which will:

    • (A) Assure sufficient funds, such charge to be a lien on the property, and

    • (B) Provide adequate safeguards for the lot owners against undesirable high charges;

  • (7) Restrict the use of the property to the uses specified by the P.D. permit.

• (b) Where any of the provisions set out in subsection (a) of this section may not be applicable, the developer may substitute alternative suggestions for consideration.

• (c) All legal documents required under this chapter shall not be acceptable until approved as to legal form and effect by the county counsel; when required by the planning commission.

• (Ord. 467 § 68, 1984)

Any person not satisfied with the action of the planning commission may within ten days appeal in writing to the board of supervisors. A copy of such appeal shall be submitted to the planning commission. Said board shall render its decision within sixty days after the date of filing of such appeal.

(Ord. 467 § 68, 1984)

Any significant alteration or expansion of a planned development for which a P.D. permit was obtained shall require amendment to the approved permit. Plans adequately detailing the amendment shall be submitted to the planning department for determination of appropriate processing.

(Ord. 467 § 68, 1984)