Chapter 19.28 — PLANNED DEVELOPMENT

The purpose of this chapter is to promote and encourage flexibility in the application of Code standards for site planning and property development in order to:

A. Encourage the development of affordable housing through clustering, innovative housing alternatives, and other measures;

• B. Protect the public health, safety, and general welfare of the community; and

• C. Ensure consistency with the General Plan, any applicable specific plan, and design guidelines.

• D. Protect environmental values and natural resources;

• E. Ensure provision of open areas which are planned as an integral part of overall project design; and

F. Promote development in the community which, while deviating from normal development standards, has been demonstrated to be of greater quality or community benefit than might occur with a conventional development proposal.

(Ord. 2185; 2382 §2)

A. Planned development permits are most appropriate for properties with environmental constraints and/or natural resources or other topographical or geographical constraints which require innovative or unique site planning and design, and types of development projects which are not otherwise provided for by this Code .

B. A planned development permit may modify, where demonstrated by an applicant to be necessary and justifiable, all applicable development standards contained within these Regulations, with the exception of density and/or intensity provisions as may be set forth by the General Plan. Compliance with the purpose and intent of the General Plan shall be required.

(Ord. 2185; Ord. 2382 §3)

An application for a planned development permit shall be filed in compliance with Chapter 19.16 (Application Filing and Processing, Fees) and shall include all information specified in the Department handout for planned development permits.

A planned development permit may be initiated in one of the following manners:

A. Rezoning to -PD. Property may be rezoned to add the -PD overlay zone to any existing zoning district in compliance with Chapter 19.06 (Amendments to Plans and Zoning). All -PD overlay zones shall be noted by the -PD suffix combined with the underlying zoning district symbol, which shall be used on all land-use-related documents. Once rezoned, the property may only be developed in compliance with a planned development permit issued in compliance with this chapter; or

B. Other Zoning Districts. Property in any zoning district, other than a -PD overlay zone, may be developed in compliance with this chapter. Property for which a planned development permit is issued shall be considered as if it were zoned -PD.

(Ord. 2185; Ord. 2223; 2382 §4, Ord. 2494, §12, Ord. 2580, §6)

• A. Setback Requirements. The structure setbacks may deviate from the setback standards specified in these Regulations and shall conform to the approved development plan;

• B. Height Limits. The height of structures may deviate from the height standards specified in these Regulations and shall conform to the approved development plan;

• C. Parking Requirements. The number and design of off-street parking areas may deviate from the parking standards specified in these Regulations and shall conform to the approved development plan;

• D. Open Space Requirements:

1. In all developments, at least 25 percent of the gross site area shall be devoted to landscaped and useable open space areas.

2. Landscaped and useable open space area shall not include public or private streets, off-street parking, access drives, loading areas, or areas covered by structures.

3. The Commission may grant a modification, including a modification of any open space requirement, after considering the general purposes and nature of the planned development project.

E. Maintenance of Common Areas. An applicant for a planned development permit shall provide for the permanent maintenance of all common areas within the development. The applicant shall include the following in the application or in the final development plan:

1. A plan showing all common areas and areas to be dedicated for public and/or private use;

2. Where the development consists of only one parcel, a plan for maintenance; and

3. Where the development consists of more than one parcel, certify the formation of a Chico maintenance district

• (CMD) or an agreement in a form approved by the City Attorney providing for the permanent maintenance of all common areas. The CMD or agreement shall be prepared by an attorney licensed to practice in the state. (Ord. 2185, Ord. 2364 §390; Ord. 2382 §5; Ord. 2610)

Each application shall be analyzed to ensure that it is consistent with the purpose/intent of this chapter and the City's Environmental Review Guidelines. To ensure implementation of General Plan policies relating to design, each application shall be reviewed by the Board or Director which shall forward a recommendation to the Commission in compliance with Chapter 19.18 (Site Design and Architectural Review). Any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the public works director and approval by the Commission.

(Ord. 2185; 2382 §6)(Ord. 2435 §22, Ord. 2439 §176, Ord. 2440 §17, Ord. 2494, §13)

A. Following a public hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based. The Commission may approve, deny, and/or modify a planned development permit application in whole or in part.

B. Following a public hearing, the Commission may approve or conditionally approve a planned development permit only after first making all of the following findings:

1. The proposed development is allowed within the subject zoning district and generally complies with all of the applicable provisions of these Regulations with modifications as specifically approved, and applicable project design guidelines;

2. The proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area, as well as with the land uses presently on the subject property;

3. The proposed entitlement is consistent with the General Plan, any applicable specific plan, and any applicable neighborhood or area plan;

4. The site is physically suitable for the type and density and/or intensity of use being proposed;

5. There are adequate provisions for public and emergency vehicle access, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety;

6. The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

7. The proposed development is consistent with the purpose of this chapter.

C. In granting a planned development permit, the Commission may adopt conditions that will ensure compatibility with the existing and designated land uses in the vicinity, as well as consistency with the General Plan and any applicable specific plan. Such conditions may relate to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development, to mitigate project-related adverse effects, and to carry out the purpose and intent of the respective zoning district.

(Ord. 2185; Ord. 2223; 2382 §7)

A. Commencement. Within three years of planned development permit approval, construction shall have commenced or the permit shall be deemed void, unless extended in compliance with Section 19.30.050 (Time limits and extensions). If the application for the planned development permit also involves the approval of a tentative map, the date of construction commencement shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

B. Phasing. Where the planned development permit provides for development in two or more phases or units in sequence, the permit shall not be approved until the Commission has approved the final development plan for the entire project site. The project applicant shall not be permitted to develop one phase in compliance with the preexisting base zoning district and then develop the remaining phases in compliance with this chapter without Commission approval. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit, or the permit shall be deemed void. If the application for the planned development permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map. (Ord. 2185, Ord. 2440 §18)

No permit shall be issued for any use involved in an application for a planned development permit until and unless the same shall have become final, in compliance with Section 19.30.020 (Effective date of permits). Once approved, the final development plan shall be deemed a part of the planned development permit containing the development regulations for the property subject to the permit.

(Ord. 2185)

Changes to an approved planned development permit and companion final development plan may be approved in compliance with Section 19.30.060 (Changes to an approved project).

(Ord. 2185)

Extensions to the term of a planned development permit may be approved by the Zoning Administrator in compliance with Chapter 19.30 (Permit Implementation, Time Limits, Extensions). (Ord. 2185; Ord. 2397 §4)

A. Any planned development approved prior to the effective date of these Regulations shall remain subject to the previously approved final development plan.

B. Any planned development approved prior to the effective date of these Regulations shall be deemed to have a valid planned development permit and final development plan, and may be developed in compliance with that final development plan.

(Ord. 2185)