§ 130.28

The provisions of this Chapter shall apply to the following:

A.

Lands zoned or required by the General Plan to be zoned with the Planned Development (-PD) Combining Zone.

B.

All newly constructed residential and non-residential condominium projects when design standards and Condominium Plans are not available, in compliance with Section 130.28.070 (Condominium Conversions) below in this Chapter.

Sec. 130.28.030 - Combination with Other Zones.

A.

The (-PD) Combining Zone may only be added to a base zone through a zone change application in compliance with Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title.

B.

Residential development density shall be that allowed in the base zone, except as provided in Section 130.28.060 (Residential Density Bonuses for On-site Open Space) below in this Chapter and Chapter 130.31 (Affordable Housing Requirements and Incentives) in Article 3 (Site Planning and Project Design Standards) of this Title. Where the base zone is designated as open space, the density shall be calculated based on the maximum density allowed under the General Plan land use designation.

C.

Allowed uses of a Development Plan shall only be those allowed in the base zone, as provided in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) above in this Article, except for common area recreational facilities and similar uses.

Sec. 130.28.040 - Zone Change and Development Plan Requirements.

A.

A Development Plan Permit application may be submitted with a zone change application to add the (-PD) Combining Zone, in which case the applications shall be processed concurrently in compliance with Section 130.52.040 (Development Plan Permit) in Article 5 (Planning Permit Processing) of this Title and Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title. The review authority shall consider the zone change and development plan applications on their own merits and may consider approval of the zone change without approving the development plan.

B.

No use shall be allowed on lands zoned with the (-PD) Combining Zone unless a Development Plan Permit is approved by the Commission or Board. All subsequent permits for building, grading, or other development approvals must be found consistent with the approved Development Plan Permit.

Sec. 130.28.050 - Residential Development Requirements.

All residential development projects in the (-PD) Combining Zone shall be subject to the following:

A.

Open Space. Except as provided in Section 130.28.050.B (Exemptions and Alternatives to the Onsite Open Space Requirement), below in this Section, 30 percent of the total site shall be set aside for open space that is commonly owned or publicly dedicated. Commonly owned open space, as defined in Article 8 (Glossary: See "Open Space: Common") of this Title shall not include space occupied by infrastructure such as roads, parking lots, or above ground components of sewer and water treatment plants, or area set aside for the sole use of individual residents, such as private balconies and patios. Commonly owned Open Space may include land developed or set aside for:

1.

Recreational purposes, such as parks, ball fields, golf courses, or picnic areas;

Passive purposes, such as gathering places, community gardens and landscaped areas;

3.

Aesthetic purposes, such as naturally scenic areas;

4.

Protection of agricultural or natural resources;

5.

Pedestrian circulation, in compliance with Subsection D (Pedestrian Circulation) below in this Section; or

6.

Natural or man-made lakes, ponds and other water features, which are included in the calculation of open space, but excluded from the calculation of base units and bonus density.

B.

Exemptions and Alternatives to the Onsite Open Space Requirement. To facilitate and encourage development of higher density housing types, including those serving moderate and lower income households, exemptions and alternatives to the 30 percent onsite open space requirement are identified below.

1.

Exempt Projects. The following projects are exempt from the open space requirement:

a.

Residential planned developments consisting of five or fewer lots or units;

b.

Condominium conversions;

c.

Projects within Community Regions or Rural Centers on existing sites three acres or less in size;

d.

Residential Multi-Family (RM) zoned projects or the residential component of Mixed Use Developments.

2.

Alternatives for Improved Open Space. The common open space requirement may be reduced to 15 percent of the total site for Planned Developments in the R1 and R20K zones, where:

a.

The common open space is improved for active recreational uses, including but not limited to swimming pools, sport courts or sport fields, tot lots, clubhouse or meeting room facilities, and community gardens, or for passive recreational uses such as landscaped buffers or greenbelts; and

b.

In addition to the common open space, additional area equal to 15 percent of the total site is devoted to open space areas reserved for the exclusive use of individual residents, such as private yards and patios.

3.

Open Space requirements for Planned Developments within Agricultural Districts. In order to conserve and promote agricultural activities and uses within the County, planned developments within Agricultural Districts may set aside open space for agricultural uses. The resulting agricultural area reserved for open space may be used for any allowed agricultural use, include raising and grazing of animals, orchards, vineyards, community gardens and crop lands. The minimum size of the clustered residential lots in a planned development within an Agricultural District shall be not less than 20 acres.

C.

Clustering. Residential lots shall be clustered , where feasible, to promote integrated site design that considers natural features of the site, creates more area for open space and recreation, avoids cultural resources, minimizes aesthetic impacts, maintains opportunities for commercial grazing, and minimizes loss of important agricultural lands.

D.

Pedestrian Circulation. Pedestrian connections shall be provided to allow internal circulation for the residents of the development to access surrounding commercial, recreational, residential, and civic uses, or on-site open space areas. Said connections can be counted toward the open space requirement in Subsection A (Open Space) above in this Section.

Sec. 130.28.060 - Residential Density Bonuses for On-site Open Space Dedication.

Density bonuses may be earned where a new minimum of 30 percent of the land area within a residential development project is set aside for commonly owned or publicly dedicated open space, as defined in Article 8 (Glossary: See "Open Space: Public") of this Title.

A.

The amount of bonus units earned shall be based on the amount of developable land within the open space. For purposes of this Section, "developable land" excludes the following:

1.

Lakes, rivers, and perennial streams.

2.

Areas encumbered by road and/or public utility improvements.

B.

The number of base units for the project shall be based on the amount of gross acreage, excluding water bodies, and the maximum density provided by the existing or proposed zones. Base units may be based on proposed zoning if the proposed zoning is approved concurrently with the project. Where the existing or proposed zone is Open Space (OS), density calculation shall be based on the maximum density allowed by the General Plan land use designation.

C.

Calculating Total Project Density with a Density Bonus. The formula for calculating base units, bonus units, and total project density is as follows:

1.

Base units are calculated by subtracting the area of lakes, rivers, and perennial streams from the gross acreage and multiplying the difference by the maximum density allowed in the zone(s). Where there is more than one zone, total base units shall be the sum of each zone calculation.

Bonus units are calculated by multiplying the acreage of developable land set aside as open space by 1.5 times the density allowed in its existing or proposed zone(s). Where there is more than one zone, total bonus units shall be the sum of each zone calculation. Where the existing or proposed zone is Open Space (OS), the density bonus calculation shall be based on the maximum density allowed by the General Plan land use designation.

3.

Fractions of base units and bonus units resulting from the calculations above shall be rounded down to the next whole number.

4.

Total maximum project density is the sum of the total base units and total density bonus units.

D.

Density Bonus for Affordable Housing. The open space density bonus provided under this Section is in addition to any bonus that may be applicable in compliance with Chapter 130.31 (Affordable Housing Density Bonus) in Article 3 (Site Planning and Project Design Standards) of this Title.

Sec. 130.28.070 - Condominium Conversions.

Condominium conversions shall meet the following requirements:

A.

Conformance with all applicable standards of Chapter 110.16 (Uniform Building Code) of Title 110 (Buildings and Construction) in the County Code of Ordinances;

B.

All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, utilities, open space, recreational facilities, drainage facilities, and other infrastructure and improvements not dedicated to a public entity shall be maintained by the property owners and incorporated in the Covenants, Conditions & Restrictions (CC&Rs) for the project;

C.

The units shall be individually metered or provisions contained in the CC&Rs to provide for a single meter billed to the property owners' association;

D.

Applications for conversion of multi-unit residential dwellings shall be reviewed by the Public Housing Authority for a determination of the impact of the project on the availability of affordable housing stock and a recommendation on options for preserving said housing stock;

E.

Multi-unit residential dwellings shall not be converted to a condominium, stock cooperative, or timeshare until the following time periods have expired:

1.

Ten years from the date of issuance of the certificate of occupancy for the affected building that was not income restricted; or

2.

Twenty years from the date of issuance of the certificate of occupancy for building(s) for which density bonuses were granted in compliance with Chapter 130.31 (Affordable Housing Requirements and Incentives), or that contain any units restricted to

households earning 120 percent or less of the area median family income.

F.

Notice to the California Department of Housing and Community Development and the existing tenants shall be provided, in compliance with California Government Code Section 66427.1, at least two years prior to the conversion of any affordable residential housing units which met any of the following criteria at the time of construction:

1.

The units were built with the aid of government funding;

2.

The project was granted an affordable housing density bonus in compliance with Chapter 130.31 (Affordable Housing Density Bonus) in Article 3 (Site Planning and Project Design Standards) of this Title; or

3.

The project received other incentives based on the inclusion of affordable housing.

CHAPTER 130.29. - MINERAL RESOURCE (-MR) COMBINING ZONE: EXPLORATION, MINING, RECLAMATION, AND PROTECTION

Sec. 130.29.010 - Mineral Resource (-MR) Combining Zone Established.

The County recognizes that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The County also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation projects and their operational specifications may vary accordingly. This Chapter:

A.

Identifies those areas that are designated as Mineral Resource Zone 2 (MRZ 2xx) on the State Classification Reports, where the likely extraction of the resource through surface mining methods will be compatible with surrounding uses, in compliance with General Plan Policies 2.2.2.7 (Overlay Land Use Designations: Mineral Resource (-MR) and 7.2.2.2 (Protection of important mineral resources from incompatible development);

B.

Provides standards and regulations that promote and ensure the continued availability and development of the County's important mineral resources;

C.

Provides erosion control, groundwater protection, and otherwise protection of the environment;

D.

Regulates surface mining operations as required by the State of California to ensure that mined lands are reclaimed to a usable condition that is readily adaptable for alternative uses; and

E.

Protects the public health, safety, and welfare from residual hazards due to surface and sub-surface mining operations.

Sec. 130.29.020 - Definitions.

As used within this Chapter, the terms below will mean the following:

"Mined Lands" shall mean an area in which surface mining operations will be, are being, or have been conducted, including private roads appurtenant to any such area, land excavations, workings, mining waste, groundwater resources, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from or are used in surface mining operations are located.

"Surface Mining Operations" shall mean all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine.