"The planned unit district is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while insuring substantial compliance with the general plan and the intent of the county code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare."
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Chapter 84-66 P-1 PLANNED UNIT DISTRICT
TABLE OF CONTENTS
Article 84-66.2. General
84-66.202 P-1 planned unit district.
84-66.204 Intent and purpose.
Article 84-66.4. Uses
84-66.402 Uses.
84-66.404 Restriction.
84-66.406 Interim exceptions.
Article 84-66.6. Site Minimums
84-66.602 Areas.
Article 84-66.8. Density
84-66.802 Residential.
Article 84-66.10. Rezoning
84-66.1002 Procedure.
84-66.1004 Ordinance plan.
84-66.1006 Rezoning and development plan application.
Article 84-66.12. Final Development Plan
84-66.1202 Requirements.
84-66.1204 Approval procedure.
84-66.1206 Combined application and final plan.
Article 84-66.14. Plan Objectives, Regulations and Evaluations
84-66.1402 Design objectives.
84-66.1404 Latitude of regulations.
84-66.1406 Evaluations.
Article 84-66.16. Termination
84-66.1602 Procedure.
Article 84-66.18. Plan Changes
84-66.1802 Preliminary development plan.
84-66.1804 Final development plan.
Article 84-66.20. Variance Permits
84-66.2002 Granting.
Article 84-66.2. General
84-66.202 P-1 planned unit district.
All land within a P-1 planned unit district may be used as allowed
and regulated in this chapter. (Ord. 79-74: § 84-66.002: prior code §
8166: Ord. 1743).
84-66.204 Intent and purpose.
A large-scale integrated development or a general plan special
area of concern provides an opportunity for, and requires cohesive design when
flexible regulations are applied; whereas the application of conventional regulation,
designed primarily for individual lot development, to a large-scale development
or special area may create a monotonous and inappropriate neighborhood. The
planned unit district is intended to allow diversification in the relationship
of various uses, buildings, structures, lot sizes and open spaces while insuring
substantial compliance with the general plan and the intent of the county code
in requiring adequate standards necessary to satisfy the requirements of the
public health, safety and general welfare. These standards shall be observed
without unduly inhibiting the advantages of large-scale site or special area
planning. (Ord. 79-4: § 84-66.004: prior code § 8166(a): Ord. 1743).
Article 84-66.4. Uses
84-66.402 Uses.
The following uses are allowed in the P-1 planned unit district:
(1) Any land uses permitted by an approval final development plan which are
in harmony with each other, serve to fulfill the function of the planned unit
development, and are consistent with the general plan;
(2) A detached single-family dwelling on each legally established lot and the
accessory structures and uses normally auxiliary to it;
(3) In a P-1 district for which residential uses are approved, residential second
units complying with the provisions of Chapter 82-24. (Ords. 87-67 § 6,
79-74: § 84-66.006: prior code § 8166(j): Ord. 1743).
84-66.404 Restriction.
No person shall grade or clear land, erect, move, or alter any
building or structure on any land, after the effective date of its rezoning
to a P-1 district, except when in compliance with an approved final development
plan and/or this chapter. (Ords. 79-74, 76-26 § 2, 76-25 § 2: §
84-66.010: prior code § 8166(c): Ord. 1743).
84-66.406 Interim exceptions.
If any land has been zoned P-1 district but no preliminary development
plan approved thereon, the following may be approved:
(1) Single-family Dwelling. Where it is established to the satisfaction of the
director of planning that a vacant parcel of land is a legal lot and the one
detached single-family dwelling proposed to be located thereon is consistent
with the general plan, the dwelling may be placed on the lot without being subject
to the application submittal, development plan review and approval provisions
of this chapter.
(2) Nonconforming Use. Until a final development plan is approved, any nonconforming
use lawfully existing at the time of the establishment of P-1 zoning on that
property may be repaired, rebuilt, extended, or enlarged in accordance with
Chapter 82-8. (Ord. 79-74).
Article 84-66.6. Site Minimums
84-66.602 Areas.
The minimum areas for a P-1 district are:
(1) Residential. Five acres for residential uses except that a mobile home subdivision
shall have a minimum of ten acres;
(2) Nonresidential. Ten acres for nonresidential uses;
(3) Mixed. Fifteen acres for mixed residential and nonresidential uses; and
(4) Office. No minimum for office uses which do not require heavy vehicular
delivery or have easy automobile site access including some ancillary retail,
service and residential uses when consistent with the general plan. (Ords. 80-74
§ 1, 79-74, 70-50: § 84-66.024: prior code § 8166 (i): Ord. 1743).
Article 84-66.8. Density
84-66.802 Residential.
In computing the net development area to set residential densities,
use the general plan as a guide and exclude areas set aside for churches, schools,
streets, commercial use or other nonresidential use, but include areas set aside
for common open space, outdoor recreation or parks. (Ord. 79-74: § 84-66.026:
prior code § 8166(k): Ord. 1743).
Article 84-66.10. Rezoning
84-66.1002 Procedure.
After initiation by the planning agency or final application
approval, an area may be zoned “P-1 planned unit district” in accordance
with Title 7 of the California Government Code and this code, and the zoning
map of the area shall then be identified with the map symbol “P-1”.
(Ords. 79-74, 76-26 § 2: 76-25 § 2: prior code § 8166(c): Ord.
1743).
84-66.1004 Ordinance plan.
If an application for P-1 zoning and a preliminary or final
development plan is finally approved, the preliminary or final development plan
and any conditions attached thereto, as approved or later amended, shall be
filed with the planning department, and they are thereby incorporated into this
Title 8 and become a part of the ordinance referred to in § 84-66.1002.
(Ords. 79-74, 76-26 § 2: 76-25 § 2: prior code § 8166(c): Ord.
1743).
84-66.1006 Rezoning and development plan application.
Except as waived in writing by the planning director, the application
for rezoning to P-1 district and concurrent approval of a preliminary development
consists of five copies of each of the following:
(1) A preliminary development plan, drawn to scale, indicating:
(A) Proposed use(s) of all land in the subject area,
(B) Existing natural land features, and topography of the subject area,
(C) Circulation plan for all vehicular and pedestrian ways,
(D) Metes and bounds of the subject property,
(E) Location and dimensions of all existing structures,
(F) Landscaping, parking areas, and typical proposed structures,
(G) Anticipated grading for the development;
(2) A written legal description of the subject area;
(3) A preliminary report on provision for storm drainage, sewage disposal and
public utilities;
(4) An economic feasibility report and analysis of all commercial and industrial
uses, if any, proposed to be located within the development;
(5) A feasibility analysis of all public and semipublic recreational and educational
areas and facilities proposed to be located within the development, stating
anticipated financing, development and maintenance;
(6) A residential density analysis of the subject area, and the estimated population
resulting therefrom;
(7) A statement of how the proposed development is consistent with, and will
further the goals and objectives of the general plan including, but not limited
to, its community facilities element;
(8) A request for zoning change signed by the owner, and by the owner of any
option to purchase the property or any portion thereof, if any;
(9) Schematic drawings indicating the architectural design of all nonresidential
buildings and structures and all residential buildings having attached units.
Residential buildings utilizing zero lot line, cluster or patio techniques,
typical designs shall be submitted. Single-family detached units on difficult
topography may require design and placement review when requested by the planning
director;
(10) A statement of the stages of development proposed for the entire development,
indicating the sequence of units and explaining why each unit standing by itself
would constitute reasonable and orderly development in relation to the entire
contemplated development where it is proposed to file final development plans
by units for portions of the area to be covered by the preliminary development
plan; and
(11) Any additional information as may be required by the planning commission
or board of supervisors at the time of any public hearing. (Ords. 85-56 §
7, 79-74, 76-25 § 1, 76-25 § 2: prior code § 8166(b): Ord. 1743).
Article 84-66.12. Final Development Plan
84-66.1202 Requirements.
(a) The final development plan drawn to scale, shall:
(1) Indicate the metes and bounds of the boundary of the subject property together
with dimensions of lands to be divided;
(2) Indicate the location, grades, widths and types of improvements proposed
for all streets, driveways, pedestrian ways and utilities;
(3) Indicate the location, height, number of stories, use and number of dwelling
units for each proposed building or structure;
(4) Indicate the location and design of vehicle parking areas;
(5) Indicate the location and design of proposed landscaping, except for proposed
single family residential development;
(6) Indicate the location and design of all storm drainage and sewage disposal
facilities;
(7) Provide an engineer’s statement of the proposed grading;
(8) Indicate the location and extent of all proposed land uses;
(9) Indicate the location of any residential dwellings proposed to be used as
new sales models.
(b) In addition, the final development plan shall be accompanied by:
(1) Elevations of all buildings and structures other than single-family residences;
(2) A statement indicating procedures and programming for the development and
maintenance of public or semipublic areas, buildings and structures;
(3) A statement indicating the stages of development proposed for the entire
development;
(4) A statement indicating if any new residential dwellings are proposed to
be used as sales models and asking approval of that use;
(5) Any additional drawings or information as may be required by the planning
commission at the time of any public hearing in the matter. (Ords. 87-43 §
3, 79-74: § 84-66.102: prior code § 8166(d): Ord. 1743).
84-66.1204 Approval procedure.
(a) The final development plan shall be submitted to the planning
commission for approval, as with use permit applications, except it is the commission
which hears and reviews it. The commission’s decision may be appealed to
the board of supervisors in accordance with Article 26-2.24, otherwise it becomes
final.
(b) A final development plan may be approved by the planning commission for
a portion or unit of the approved preliminary development plan, in accordance
with the sequence of units authorized by its conditions of approval, or upon
a showing of both good cause and that the proposed portion or unit would, standing
by itself, constitute reasonable and orderly development in relation to the
entire development. (Ords. 79-74, 76-26 § 3, 76-25 § 3: § 84-66.014:
prior code § 8166(e): Ord. 1743).
84-66.1206 Combined application and final plan.
(a) Combination. An applicant for rezoning to the P-1 district
may submit simultaneously and in combination with the zoning application or
thereafter but before the board’s final zoning decision, an application
for approval of a final development plan for the entire property. The application
and proposed final development plan shall comply with the requirements of Sections
84-66.006 and 84-66.1202.
(b) Procedure. Such a combined final development plan application shall be processed,
noticed, and heard by the planning commission. The commission’s decision
shall be a recommendation to the board of supervisors which shall make the final
decision on the final development plan along with the rezoning pursuant to Article
84-66.10. (Ord. 79-74).
Article 84-66.14. Plan Objectives, Regulations and Evaluations
84-66.1402 Design objectives.
To achieve design and aesthetic quality for large-scale integrated
developments and/or general plan special areas of concern, the following design
objectives shall be met:
(1) Building bulk, height, land coverage, visual appearance from adjacent land,
and design compatibility with existing adjoining development and land which
will remain, shall be considered and controlled;
(2) A development’s design should successfully integrate individual buildings
and building groups with the surrounding development, other physical features
in the area, and existing development which will remain;
(3) The design of structures should provide for harmonious composition of mass,
scale, color, and textures, with special emphasis on the transition from one
building type to another, termination of groups of structures, relationships
to streets, exploitation of views, and integration of spaces and building forms
with the topography of the site and the urban or suburban character of the area.
(4) Provisions are to be made for an efficient, direct and convenient system
of pedestrian circulation, together with landscaping and appropriate treatment
of any public areas or lobbies.
(5) Off-street parking and loading areas should be integrated into the overall
vehicular circulation system. (Ord. 79-74).
84-66.1404 Latitude of regulations.
The planning commission may recommend and the board of supervisors
may adopt as part of the preliminary development plan, and may require in the
final development plan, standards, regulations, limitations and restrictions
which are either more or less restrictive than those specified elsewhere in
this ordinance code, and which are designed to protect and maintain property
values and community amenities in the subject community, and which would foster
and maintain the health, safety and general welfare of the community, including
and relating to but not limited to the following:
(1) Height limitations on buildings and structures;
(2) Percent coverage of land by buildings and structures;
(3) Parking ratios and areas expressed in relation to use of various portions
of the property and/or building floor area;
(4) The location, width and improvement of vehicular and pedestrian access to
various portions of the property including portions within abutting streets;
(5) Planting and maintenance of trees, shrubs, plants and lawns in accordance
with a landscaping plan;
(6) Construction of fences, walls and floodlighting of an approved design;
(7) Limitations upon the size, design, number, lighting and location of signs
and advertising structures;
(8) Arrangement and spacing of buildings and structures to provide appropriate
open spaces around same;
(9) Location and size of off-street loading areas and docks;
(10) Uses of buildings and structures by general classification, and by specific
designation when there are unusual requirements for parking, or when use involves
noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible
with present or potential development of surrounding property:
(11) Architectural design of buildings and structures;
(12) Schedule of time for construction and establishment of the proposed buildings,
structures, or land uses or any stage of development thereof;
(13) Requiring of performance bonds to insure development as approved; and
(14) Requiring that where any residential dwelling unit (one-family dwelling
or duplex) or units are approved to be used as a sales model or models at least
one such unit have a sprinkler system installed therein meeting the standard
specified in Chapter 718-6. (Ords. 87-43 § 4, 79-74: § 84-66.1404:
prior code § 8166(f): Ord. 1743).
84-66.1406 Evaluations.
When approving and adopting the rezoning application, the preliminary
development plan or the final development plan, the planning commission and/or
board of supervisors as the case may be, shall be satisfied that:
(1) The applicant intends to start construction within two and one-half years
from effective date of zoning change and plan approval;
(2) The proposed planned unit development is consistent with the county general
plan;
(3) In the case of residential development, it will constitute a residential
environment of sustained desirability and stability, and will be in harmony
with the character of the surrounding neighborhood and community;
(4) In the case of the commercial development, it is needed at the proposed
location to provide adequate commercial facilities of the type proposed, and
that traffic congestion will not likely be created by the proposed center, or
will be obviated by presently projected improvements and by demonstrable provisions
in the plan for proper entrances and exits, and by internal provisions for traffic
and parking, and that the development will be an attractive and efficient center
which will fit harmoniously into and will have no adverse effects upon the adjacent
or surrounding development;
(5) In the case of proposed industrial development, it is fully in conformity
with the applicable performance standards, and will constitute an efficient
and well organized development, with adequate provisions for railroad and/or
truck access service and necessary storage, and that such development will have
no adverse effect upon adjacent or surrounding development; and
(6) The development of a harmonious, integrated plan justifies exceptions from
the normal application of this code. (Ord. 79-74: § 84-66.020: prior code
§ 8166(g): Ord. 1743).
Article 84-66.16. Termination
84-66.1602 Procedure.
(a) Reversion. P-1 district shall become null and void, and
the land use district classification shall revert to the immediately preceding
zoning, designation if either:
(1) Within eighteen months after the effective date of the establishment of
the P-1 district and/or the approval of the preliminary development plan (whichever
is sooner), a final development plan is not submitted to the planning commission,
or
(2) Within twelve months after the planning commission’s approval of the
final development plan, the construction specified in the final development
plan has not been commenced.
(b) Time Limit Exception. The time limitation in subsection (a)( 1) of this
section applies only to the first final development plan of a unit of a phased
preliminary development plan; it does not apply after approval and implementation
of such first final development plan.
(c) Extensions. Upon showings of good cause, the board of supervisors may grant
not more than five extensions of the time limitations set forth in subsection
(a), each for no more than one year and all extensions totaling five years or
less. (Ords. 79-74, 76-26 § 4, 76-25 § 4: § 84-66.022: prior
code § 8166(1): Ords. 71-17, 1743).
Article 84-66.18. Plan Changes
84-66.1802 Preliminary development plan.
(a) Changes. Changes, in the approved preliminary development
plan and its conditions of approval, may be approved by the planning commission,
as with land use permit applications except that it is the commission which
hears and reviews them. The commission’s decision may be appealed to the
board of supervisors in accordance with Article 26-2.24, otherwise it becomes
final.
(b) Rezoning. When substantial changes in the preliminary development plan involve
a reduction of or addition to its land area, then a rezoning application shall
be submitted for consideration. (Ord. 79-74, 76-26 § 2, 76-25 § 2:
§ 84-66.010: prior code § 8166(c): Ord. 1743).
84-66.1804 Final development plan.
(a) Review, Hearing. The zoning administrator shall review approved
final development plan applications for modification pursuant to and otherwise
regulated by the land use permit provisions of Chapter 26-2, for which he may
schedule a public hearing and shall do so if he determines that a substantial
modification is being requested in an approved final development plan.
(b) Findings. In approving the modification application, he shall find that
it is consistent with the intent and purpose of the P-1 district and compatible
with other uses in the vicinity, both inside and outside the district.
(c) Conditions. The zoning administrator may impose reasonable conditions and
limitations to curry out the purpose of the P-1 district when approving any
modification. (Ord. 79-74: § 84-66.016: prior code § 8166(1): Ord.
1743).
Article 84-66.20. Variance Permits
84-66.2002 Granting.
(a) Procedure. Variance permits to modify the provisions contained
in Article 84-66.6 may be granted in accordance with Chapters 26-2 and 82-6.
(b) General Plan Consistency. Such variance permit shall not be granted by the
planning agency hearing the matter unless it finds that the variance is consistent
with the general plan. (Ord. 79-74).
NOTE FROM SAVEELSOBRANTE: A reading of these provisions of a "Planned Unit District" makes it quite apparent that any property located within such a district will have SEVERE restrictions on the use of the land!!!!