Mariposa County Municipal Code § 17.328 Planned Unit Development Overlay Zone

• 17.328.030 Procedures And Approval Standards For PUD

This overlay is applied to lands that have diverse development potential but also may be subject to environmental constraints. This district is typically applied to larger tracts of land to ensure that complete master planning of the site is accomplished prior to the initiation of development. The intent of the overlay is to provide for innovative design concepts including mixed use, cluster development and open space preservation.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.328.020 Development Standards For PUD

1. Development standards: Standards for development shall be established through specific planned development standards prepared for property within this zone. The underlying principal zone shall be used as a guide for development with variation relative to use and density allowed through the planned development process. The planned development review standards are contained in section 17.328.030. One single family residence per parcel shall be allowed prior to approval of the planned development overlay.

2. Minimum parcel size/density: Minimum parcel size and densities shall be developed through the planned development process. No subdivision shall be allowed until the planned development standards for the site are approved.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992

1. Approval of the plan: Applications shall be initiated by the owner or owners of the land. Applications for the establishment of a PUD must include a development plan as described herein. Applications for a subdivision or use permit may be submitted with a PUD application and may be processed, considered, and approved in conjunction with a PUD application. Subdivision and use permit applications

considered in conjunction with a PUD application shall be approved by the planning commission. The PUD approval shall be processed in the manner as provided for approval as described herein. Applications and development plans will be reviewed by the planning department prior to submission for review by the planning commission. The planning department's preliminary review shall consist of plan review with the applicant to gain a full understanding of the planned development proposal and environmental review consistent with adopted county policy. The planning commission may approve, disapprove, modify, or attach conditions to a development plan.

2. Findings required for approval of a planned development: The planning commission, after a public hearing, may approve a planned development, provided they find that the facts submitted with the application and presented at the public hearings establish that:

   1. Each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development;

   2. The uses proposed will not be a detriment to the present and proposed surrounding land uses, but will enhance the desirability of the area and have a beneficial effect;

   3. Any deviation from Title 16 (subdivision ordinance) requirements is warranted by the design and additional amenities incorporated in the development plan which offer certain unusual redeeming features to compensate for any deviations that may be permitted; and

   4. The principles incorporated in the proposed development plan indicate certain unique or unusual features which could not otherwise be achieved under standard subdivision provisions.

3. Principal permitted uses: In a planned development, any use may be permitted provided such uses are generally consistent with the underlying land use classification of the specific plan, or the uses are shown on the development plan for the particular PUD and is approved by the planning commission. An approved development plan shall be considered an addition to or augmentation of the specific plan.

4. Use permits:

   1. A use permit shall be required for all uses in a PUD with the exception of a single-family residence on an approved building site and buildings accessory thereto which serve the domestic needs of single-family dwellings.

   2. A use permit may be issued by the planning commission at the option of the planning commission without a public hearing if the structure or structures comply with the adopted development plan and conditions thereof.

5. Development plan--design and location: A planned development shall be designed and located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the land use pattern and topography of the area in which it is located.

6. Filing fees: There shall be a fee prescribed by resolution of the board of supervisors to provide for the costs for processing the application and the development plans.

7. Application--items required: Planned development application shall be accompanied by:

   1. A completed application on a form provided by the planning department;

   2. The required fee;

   3. A plan proposal prepared according to the specifications as described for the development plan in section 17.328.030(H);

   4. A legal description by metes and bounds of the area to be affected by the planned development;

   5. A list of names and addresses of property owners with property located within three hundred feet of the proposed planned development.

8. Development plan--components:

   1. The development plan shall include all of the following:

      1. A site plan map which shows;

         1. Existing and proposed private and public streets and sidewalk improvements, 2. Lot design,

         2. Areas proposed to be dedicated or reserved for any public use including but not limited to public utility easements, public buildings, and public land uses,

         3. Parking and interior traffic flow, including parking ratios,

         4. Land uses adjacent to the external boundary of the PUD site;

      2. Site development details, including:

         1. Preliminary building plans, including generalized elevations,

         2. Maximum building heights,

         3. Maximum lot or area coverages,

         4. Minimum distance between structures,

         5. Minimum setbacks from interior lot lines,

         6. Minimum setbacks from street rights-of-way,

         7. Landscaping, screening, and lighting,

         8. Population densities within the planned development;

      3. Signing standards, including generalized locations, maximum sizes, maximum height, and lighting arrangements. For purposes of this chapter, "neighborhood shopping center" shall be defined as a shopping center in which the major tenant is a supermarket. "Major tenant" shall be defined as the tenant occupying the greatest amount of floor space;

      4. Land uses proposed to be located within the development;

      5. Development schedule, including date of commencement of construction, annual accomplishment, and completion of planned development;

      6. Any other reasonably related information necessary for the planning commission to act.

   2. The planning department shall accept only such plans that contain the information specified or reasonably determined necessary.

9. Standards: Setbacks, building heights, distances between buildings, lot coverage, parking requirements, and landscaping requirements shall be established by the planning commission for each planned development in a manner which assures the suitable integration of the planned development into the neighborhood or area in which it is located.

10. Density control: The number of dwelling units shall be determined by dividing the net development area by the minimum lot area of the underlying principal zone for the site proposed for the PUD. Net development area shall be determined by subtracting the area set aside for churches, schools, or commercial use from the gross development area and deducting fifteen percent (15%) of the remainder for streets. Open spaces for recreational uses shall be included in determining the number of dwelling units permitted. The fifteen percent (15%) street set-aside may be waived based on a finding that the project represents exemplary design characteristics relative to the overall intent of the planned development standards.

11. The planning director may approve one or more revisions to an approved PUD provided such revision:

12. does not result in a cumulative expansion of more than 10% of the original allowed development or development area;

13. does not involve changes in land use;

14. does not allow a revision in the standards of development;

15. is found to be necessary and desirable for the best utilization of a site;

16. will not result in or create a potential public nuisance or health and safety problem;

17. will not create impacts which were not addressed by the original environmental determination for the project, and;

18. does not change the original intent of the PUD.

19. Area requirements: Minimum parcel size for the consideration of a planned unit development shall be two and one-half (2.5) acres exclusive of access easements.

20. Public improvements: Improvement to full county standards of all public rights-of-way abutting and within the development shall be required. In addition, if determined necessary for proper traffic circulation, the applicant may be required to provide proper methods of ingress and egress to the development including acceleration and deceleration lanes, and traffic devices including channelization.

21. Development schedule and time extension of a PUD and/or conditional use permit within a PUD: 1. An application for a PUD shall be accompanied by a development schedule indicating the approximate date when construction of the project can be expected to begin, which date shall be no later than three (3) years from the effective date of the approval of the PUD. Construction beginning shall mean building and/or grading permit issuance, which shall be within three (3) years from the effective date of the approval of the PUD. The development schedule shall also include the anticipated rate of development and completion date. The development schedule, if approved by the planning commission, shall become a part of the development plan and shall be adhered to by the owner of the property covered by the PUD and his successors in interest. These requirements shall apply to any PUD conditional use permit approved concurrently with the PUD. The county shall require the applicant to enter into an indemnification agreement pursuant to County Code Chapter 18.06.

22. The applicant shall be required to submit annual progress reports to the planning department by December 15th of each calendar year, including the year during which the approval date is established, until the project is completed. Completed shall mean the issuance of a building permit final, certificate of completion or certificate of occupancy. The planning department shall compare the annual progress reports and actual development in the planned unit development with the approved development schedule.

If the planning department finds the owner or owners are failing or have failed to meet the approved schedule and make progress toward obtaining a grading and/or building permit to begin construction, and/or have failed to submit the required progress reports, the department may recommend the planning commission initiate proceedings to revoke the approval of the PUD development plan or PUD use permit.

3. One 18-month time extension of the initial time frame between the effective date of the approval of the PUD and/or PUD conditional use permit and the start of the construction may be requested through application to the planning commission. The application must be made at least 90 calendar days prior to the initial approval expiration date.

Demonstration of good cause shall be shown by the applicant for the time extension request based on the following findings:

1. That the proposed use and development plan remain consistent with the policies and standards of the general plan and any applicable specific plan at the time of the time extension;

2. That the time extension and the project development will not result in any new or modified environmental impacts not reviewed by the original environmental determination;

3. That with the time extension: the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in

the neighborhood of such proposed use, and will not be injurious or detrimental to the property and improvements in the neighborhood or the general welfare of the county;

4. That reasonable progress on the project has been made; reasonable progress shall be substantiated by supporting documentation; and

5. That reasons for the additional time request are provided and documentation justifying the reasons are included in the request.

4. The planning commission may impose any conditions and/or requirements it finds necessary to guarantee compliance with findings in this section.

5. Any tolling provisions provided for by the conditions of approval for a PUD or PUD conditional use permit shall remain in full effect. Time extension request provisions of this section do not change any approved tolling provisions.

6. Identification of planned developments: Each PUD shall be numbered, the first adopted being shown on the specific plan map as PUD 1 and each planned development subsequently approved being numbered consecutively.

7. Compliance with provisions--interpretation:

8. Compliance with any requirement shall not be construed to relieve applicant from compliance with subdivision regulations, building code requirements, or any other applicable regulations of the county.

9. A planned development may be accepted with applications for minor or major subdivisions and may be processed simultaneously, including staff review, environmental review, and public hearings at the planning commission.

10. Public hearings: The planning commission shall hold at least one public hearing on the proposed planned development. Notice of the time and place of such hearing and the area affected by the proposed amendment shall be provided in accordance with the public hearing procedures of Chapter 17.132 of this title.

11. Report of planning commission--findings and action: Following the hearing required by section 17.328.030(Q), the planning commission shall make a report of its findings and actions with respect to the proposed planned development. Such report shall include a statement as to whether the proposed planned development is in conformance with the latest adopted specific plan. If the planning commission deems it appropriate, it may require that the area under consideration for a planned unit development be enlarged or diminished.

12. Abandonment after proceedings have begun: Upon consent of the planning commission, any application for a planned unit development may be withdrawn by written request of a majority of all persons who signed such application. The planning commission or board of supervisors may by resolution abandon any proceedings for a planned development initiated by its own resolution of intention; provided, that such abandonment may be made only when such proceedings are before such body for consideration; and provided, that any hearing of which public notice has been given shall be held.

13. Site restoration: Security to the satisfaction of county counsel is required to restore the property to nearly its natural and original state in the event of abandonment after construction has begun. The amount is to be based on ten percent (10%) of the total construction cost of the project, or an engineer's estimate of the cost of site preparation and grading. This amount is to be confirmed by the department of public works, covered by a fifty percent (50%) contingency, and guaranteed by an appropriate agreement with the county. Upon completion of the project and final approval by the county, the required security shall be returned to the developer.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 Amended by Ord. 912 Sec. II on 1/7/1997 Amended by Ord. 1143 Sec. I on 5/21/2019