Calaveras County Municipal Code Ch. 17.36 Planned Development

This chapter provides procedures for establishing a planned development (PD) overlay zone to facilitate orderly development of larger sites in the county consistent with the general plan, especially where a particular mix of uses or character is desired that can best be achieved through an integrated development plan.

The procedures in this chapter shall apply to all proposals to establish a PD overlay zone and a PD Plan.

A. Review Authority. A PD overlay zone and a PD Plan must be adopted by the Board of Supervisors. A public hearing before the planning commission is required prior to board of supervisors review; and the planning commission shall make a recommendation to the board of supervisors.

B. Review Procedures.

1. Zoning Amendment. An application for a PD Overlay District shall be processed as an amendment to the zoning map, according to the procedures of Chapter 17.38, Zoning Amendments, and shall include a PD Plan.

2. PD Plan. The PD Plan shall be processed in the same manner as a conditional use permit application, pursuant to Chapter 17.31, conditional use permits, except the board of supervisors shall be the final review authority.

3. Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, the map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

A PD plan and/or PD overlay zoning amendment shall only be approved if all the following findings are made:

A. The proposed development is consistent with the general plan and any applicable specific plan, including the density and intensity limitations that apply; and

B. The subject site is physically suitable for the type and intensity of the land use being proposed; and

C. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare; and

D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; and

E. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base zoning district, and will achieve superior community design, environmental preservation and/or substantial public benefit.

In approving a PD overlay zone and PD plan, the review authority may impose reasonable conditions deemed necessary to:

A. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the county has adopted; and

B. Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located; and

C. Achieve the findings listed in Section 17.36.040, Required Findings; and

D. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act (CEQA).

A. Expiration.

1. PD Plan. A PD plan shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding two years.

2. Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.

3. Phased Development. If the review authority approves phased development, the PD plan shall remain in effect so long as not more than one-year lapses between the end of one phase and the beginning of another phase.

B. Extension. Where it is found that the circumstances under which the PD plan and if applicable, development phasing, were granted have not substantially changed, the planning director may approve a single two-year extension of a PD plan or in the case of phased development, a two-year extension of each phase.

A. Amended Plans. Amendments to a PD overlay zone or PD Plan may be requested by the applicant or its successors. Amendments to the approved Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the planning director shall determine if the proposed amendment constitutes a major or minor amendment.

B. Major Amendments. Major amendments to an approved PD overlay zone or PD Plan shall be considered by the board of supervisors at a duly noticed public hearing upon recommendation from the planning commission. An amendment will be deemed major if it involves one or more of the following changes.

1. A change in the boundary of the PD overlay zone; or

2. An increase or decrease in the number of dwelling units for the PD overlay zone that is greater than the maximum or less than the minimum stated in the PD plan; or

3. An increase or decrease in the floor area for any non-residential land use that results in the floor area being less than the minimum or exceeding the maximum stated in the PD plan; or

4. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure; or

5. Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD overlay zone or to the overall street system; or

6. Any other proposed change to the PD plan or the conditions of approval that substantively alters one or more of its components as determined by the planning director.

C. Minor Amendments. Amendments not meeting one or more of the criteria listed in 17.36.070.B above shall be considered minor if they are consistent with and would not change any original condition of approval. Minor amendments may be approved by the planning director.