Chapter 85.10 — PLANNED DEVELOPMENT PERMITS

The Planned Development Permit is intended to provide for flexibility in the application of Development Code standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Development Code standards would produce without adjustment. The County expects each Planned Development Permit project to be of obvious, significantly higher quality than would be achieved through conventional design practices and development standards. (Ord. 4011, passed - -2007)

A Planned Development Permit application may be filed and processed only under the following circumstances. (a) Minimum Site Area. A Planned Development Permit may be requested for a residential, commercial, industrial, and/or mixed-use development on a site(s) with a minimum of five acres. The Director may also accept applications for a Planned Development Permit for residential, commercial, industrial, and/or mixed-use development on a site(s) with a minimum of one acre, provided the development involves construction of multiple buildings and the Director determines that the Planned Development process would provide a more effective tool to address development on the site than other available procedures.

(b) Timing of Permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this Chapter. (Ord. 4011, passed - -2007)

(a) Application Review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.

(b) Public Hearing. The review authority shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the Permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 86.07 (Public Hearings).

(c) Scope of Approval . Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable standard of this Development Code (e.g., size, density, height, parking, setbacks, street layout, etc.); provided, the approval shall not authorize a land use that is not allowed in the applicable land use zoning district by Division 2 (Land Use Zoning Districts and Allowable Land Uses). (Ord. 4011, passed - -2007; Am. Ord. 4205, passed - -2013)

(a) Initial Review by the Development Review Committee (DRC). The DRC shall review all applications for preliminary or final development plans before their review by the Director, Commission, and Board.

(b) Commission and Board Action Required. The Commission shall review and recommend and the Board shall act upon all initial applications for preliminary development plans and significant revisions to previously approved

preliminary development plans for Planned Development Permits.

(c) Recommendation for Disapproval. A disapproval action by the Commission shall terminate any application for a Planned Development Permit, unless it is appealed in compliance with Chapter 86.08 (Appeals).

(d) Preliminary and Final Development Plans Required. When an applicant chooses to file a final development plan for a project that has not had a preliminary development plan previously approved, the applicant shall file the preliminary and final development plans concurrently.

(e) Director to Review and Act upon All Final Development Plans. The Director shall review and act upon all applications for final development plans for a Planned Development Permit; provided, the plans have been determined to be non-controversial and are consistent with the approved preliminary development plans.

(f) Non-controversial Defined. A final development plan shall be determined to be non-controversial when no member of the DRC objects to the proposed development plan or any portion of the plan, the applicant is in agreement with the requirements and conditions as proposed, and there has been no objection voiced regarding the proposed project.

(g) Controversial Projects Shall Be Referred to the Commission. If the Director determines the project to be controversial the project shall be referred to the Commission for a recommendation to the Board. (Ord. 4011, passed - -2007)

(a) Review Authority’s Action. Following a public hearing, the review authority may approve, approve with conditions, or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.

(b) Required Findings. Before approving a request for a Planned Development Permit, the review authority shall first find that all of the following are true:

(1) The proposed development is consistent with the General Plan and any applicable plan.

(2) The physical characteristics of the site have been adequately assessed and the site for the proposed development is adequate in terms of shape and size to accommodate the use and all landscaping, loading areas, open spaces, parking areas, setbacks, walls and fences, yards, and other required features.

(3) The site for the proposed development has adequate access, in that the site design and development plan conditions consider the limitations of existing streets and highways and provides improvements to accommodate the anticipated requirements of the proposed development.

(4) Adequate public services and facilities exist, or will be provided, in compliance with the conditions of development plan approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare.

(5) The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed use, and will be compatible with the existing and planned land use character of the surrounding area.

(6) The improvements required by the proposed conditions of development plan approval, and the manner of development adequately address all natural and man-made hazards associated with the proposed development and the project site including fire, flood, seismic, and slope hazards.

(7) The proposed development carries out the intent of the Planned Development Permit provisions by providing a more efficient use of the land and an excellence of design greater than that which would be achieved through the application of conventional development standards.

(8) If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is buffered from the commercial use and is provided

sufficient amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. The amenities may include landscaping, private open space, private or separated entrances, etc. (Ord. 4011, passed - -2007)

(a) Subdivision Applications. Applications for a Planned Development Permit shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a Planned Development Permit project, separate application, review, and findings shall be made in compliance with the applicable provisions of Division 7 (Subdivisions).

(b) Expiration of Planned Development Permit Shall Terminate Subdivision Application. In the event a tentative subdivision map application is concurrently filed with a Planned Development Permit application, expiration of an approved or conditionally approved Planned Development Permit shall terminate all proceedings or any associated land use application. No final subdivision map or parcel map of all or any portion of the real property included within a Planned Development Permit shall be filed for record without first processing a new Planned Development Permit application.

(Ord. 4011, passed - -2007)

(a) Detailed Development Plan Required. A detailed site plan or development plan shall be submitted with all Planned Development Permit proposals. All development plans shall contain sufficient detail to depict the manner in which the proposed development complies with the purpose and provisions of this Chapter.

• (b) Planned Development Permit Requests for Large Projects. Planned Development Permit requests for mixed-use projects or projects with more than 500 dwelling units may be submitted in two stages.

• (1) Preliminary Development Plan (PDP). The first stage shall be referred to as a Preliminary Development Plan.

• (2) Final Development Plan (FDP). The second stage shall be referred to as a Final Development Plan.

• (3) Definition of Plans. Preliminary Development Plans and Final Development Plans are defined in the following manner:

• (A) Preliminary Development Plans. A Preliminary Development Plan (PDP) functions as a development suitability analysis and a comprehensive plan of the proposed developments. The PDP:

• (I) Identifies and quantifies the constraints and opportunities for development in the following manner:

• (i) The physical characteristics of the site;

• (ii) Available public services and facilities;

• (iii) The capacity of the existing circulation system; and

• (iv) The existing and planned land use of adjacent properties.

• (II) Establishes a list of specific limits, parameters, and planning objectives to guide development based on the identified development constraints and opportunities.

• (III) Describes one or more potential development schemes derived from the limits, parameters, and planning objectives controlling the development. Each proposed development scheme shall describe in detail the:

• (i) Proposed land uses and approximate distribution of the land uses;

• (ii) Proposed density of residential uses;

• (iii) Estimated population;

• (iv) Estimated service demands;

• (v) Anticipated impact on the existing circulation system;

• (vi) Anticipated impact on adjacent properties;

• (vii) Anticipated types of commercial and industrial uses; and

• (viii) Relationship of the plan to the various elements of the General Plan and any applicable specific plan.

(IV) Identifies in the form of diagrams, maps, and/or written text a detailed plan of development based upon the application of the established limits, parameters, and planning objectives controlling development. The plan shall describe in detail the following:

(i) Proposed land uses and structure types, the functional arrangement of the uses and structure types and the relationship to circulation, lighting, parking, paving, recreation and open space areas, screening, setbacks, site, site grading, and adjacent properties;

• (ii) How the established limits, parameters, and planning objectives have been adhered to;

• (iii) The level of public services and facilities required by the proposed development and the program for providing, operating, and maintaining the services and facilities;

• (iv) Access and circulation requirements;

• (v) Known man-made and natural hazards and methods for mitigation of the hazards;

• (vi) Significant natural features and areas to be retained for common open space, and provisions for the conservation, preservation, utilization, and maintenance of the areas; and

(vii) How the plan conforms to the objectives of the General Plan, any applicable specific plan, and the applicable provisions of this Development Code.

• (B) Final Development Plans (FDP). The FDP:

• (I) Is a detailed site plan that identifies the dimensions and location of all uses and structures in sufficient detail to permit the preparation and recordation of construction drawings; and

• (II) Shall comply with all approved Preliminary Development Plans (PDP).

• (C) Planned Residential Developments.

(I) Planned Residential Developments are residential projects consisting of 500 dwelling units or fewer. Planned Residential Developments are compatible with, and not a significant departure from surrounding land uses, and will be so located in relation to public utility systems and installations that neither the extension nor enlargement of the systems will be required that results in public capital expenditures greater than would develop in a form generally allowed in the area. Planned Residential Developments shall be so located with respect to parks, schools, and other public services and facilities required as to have access in the same degree as would develop in a form generally allowed in the area.

(II) Planned Residential Developments not meeting the above criteria shall not be processed under the regulations of this Chapter. Exception, however, residential projects greater than 500 units may be processed as a Planned Residential Development when the Development Review Committee (DRC) determines at the pre-application conference meeting that the project though greater in number of units:

• (i) Is compatible with, and not a significant departure from, surrounding land uses;

• (ii) Will not require public capital expenditures for the public utility systems greater than that required for the type of development generally allowed in the area;

(iii) Has reasonable access to parks, schools, and other public services and facilities in the same degree as would the type of development generally allowed in the area; and

(iv) Otherwise complies with the provisions of this Chapter.

(III) The records of the pre-application conference shall specify those findings determining the above criteria have been met.

(IV) The provisions of this Chapter shall modify the development standards of any land use zoning district designated for residential uses subject to the review and approval a Planned Residential Development application, in

compliance with this Chapter.

• (V) All land uses within a Planned Residential Development shall conform to the allowed uses of the underlying land use zoning district, except as follows:

(i) Residential dwelling units, as defined in Division 12 may be attached or detached.

(ii) Certain internally oriented, incidental service uses including civic, community or country clubs, conference centers, or convenience shops designed and intended to provide goods and services to residents of the Planned Residential Development project may be allowed. These incidental service uses shall not be located on the periphery of the project, nor shall the use encompass more than ten percent of the total project area.

(VI) The conditions of approval of a Planned Residential Development project shall specifically designate those uses, including types of dwelling units, allowed within the project.

(d) Application Procedures for Staged Developments. An application for a Preliminary Development Plan (PDP) shall encompass all of the land included within the Planned Development Permit. A Final Development Plan (FDP) may be for a portion of the land included within the Planned Development Permit or a phase of the Permit; provided:

(1) Each phase shall function as a complete and separate development from the remaining phases; and

(2) Any densities proposed or open space areas provided within the subject phase shall not result from a transfer of density from adjoining phases.

(e) Pre-application Conference. A pre-application conference shall be required for all Planned Development Permit applications. This pre-application conference will acquaint the applicant with the procedural requirements of the Planned Development Permit provisions of this Development Code and the general acceptability of the plan and its compatibility with applicable policies, issues, and development regulations. The conference may be with the Development Review Committee or with selected staff based upon the complexity of the project.

(f) Conformance of Plans. Each Final Development Plan (FDP) shall substantially conform to the approved Preliminary Development Plan (PDP).

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

The time limit and expiration of Planned Development Permit applications shall be in compliance with § 86.06.060 (Time Limits and Extensions).

(Ord. 4011, passed - -2007)

(a) Review Authority Action on Requested Changes. Any requested change in the Planned Development Permit, other than those allowed by Subdivision (c), below, shall be submitted to the review authority that originally approved the permit for review and approval following the same review notice and hearing procedures as required for the original approval.

(b) Added Conditions. The review authority may, as a condition of approval, impose added changes or conditions to the Planned Development Permit amendment as it deems reasonable and necessary to carry out the purpose and intent of the original Planned Development Permit and this Chapter.

(c) Minor Changes by Director. Minor changes in the Planned Development Permit that do not involve an increase in structure area, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with § 86.06.070 (Changes to an Approved Project).

(Ord. 4011, passed - -2007)

The procedures and requirements in Chapter 86.06 (Time Limitations), and those related to appeals and revocation in Division 6 (Development Code Administration), shall apply following a decision on an application for a Planned Development Permit.

(Ord. 4011, passed - -2007)