Modoc County Municipal Code § 18.126.040 Application

A planned development permit provides a process whereby the county may consider comprehensive development proposed in connection with the rezoning of land to the PD zone. The county may accept applications for a planned development permit in locations where a proposed development is consistent with the general plan and any applicable specific plan.

(Ord. 236-73 Exh. A(part), 1991)

The regulations in this chapter shall apply whenever a planned development permit is required by this title. Every planned development permit shall fully describe all uses and buildings existing on the lot on the date the application is approved, and thereafter, development, uses and buildings permitted shall be those which conform to the planned development permit.

(Ord. 236-73 Exh. A(part), 1991)

A. A tentative subdivision map, when applicable, shall constitute a major element of the planned development permit application. All maps shall be consistent with the proposed application. The processing of all maps shall comply with all applicable laws and ordinances pertaining to such maps. The tentative approval of any map shall be conditioned upon approval of the associated planned development permit.

B. When applicable, specific plans may be incorporated by inclusion or reference into a planned development permit application, provided that all provisions of this chapter are adequately addressed and that, in the event that the planned development permit is granted, all findings and conditions of approval specified in this chapter are effected.

(Ord. 236-73 Exh. A(part), 1991)

A. Pre-application: Prior to making an application, the planning department may arrange a conference with the applicant and all applicable county departments to review the proposal concept, design, and related issues. At the request of the applicant or agent, or action of the planning director, the project concept may be referred to the planning commission for interpretive actions.

B. Form and contents: An application for a planned development permit shall be made to the planning department on a form prescribed by the planning director, and shall be accompanied by:

1. A clear and concise description of the existing and proposed uses and accompanying activities.

2. Plans, maps, or other documents, reproducible and drawn to scale, showing the project location and details of the proposed uses, buildings, facilities, and legal boundary of the project.

3. General topography, at contour intervals of ten feet, plus all natural drainage features.

4. Proposed street system, parking and lot design, and existing right-of-way lines and other easements.

5. Areas proposed to be dedicated or reserved for parks, playgrounds, school sites, public or quasi-public buildings, and similar uses, and locations and description of project amenities held in common.

6. Areas proposed for specified uses, such as multiple-family dwellings, equestrian stables, etc. and all other uses proposed to be established within the zone district.

7. General elevations and representative architectural drawings of proposed buildings and structures.

8. The extent, location, and general arrangement of all open space and landscaping.

9. The sequence of development if the project is proposed to be developed in phases, and the sequence of services.

10. A plan for financing the construction, maintenance and operation of the development.

11. Other data and information which may be deemed necessary by the planning commission or the planning department for proper consideration of the application, including consistency with the general plan and the provisions of this title, and environmental review information.

12. Fees.

C. Completeness: No application shall be accepted as complete until all fees, the application form and all required information are filed with and accepted as complete by the planning department. Within thirty days of receiving an application the planning department shall provide the applicant with written notice of any deficiencies. Each resubmittal shall again commence the review and submittal procedures described in this subsection. Failure of the applicant to respond within thirty days to any written notice that the application is incomplete, or to any request to amplify, clarify, correct, or otherwise supplement the application, shall be deemed to be an abandonment of the application and no further action shall be taken on it. The applicant may, within ten days of receiving a notice of deficiency, appeal the determination of the planning department to the planning commission and subsequently the board of supervisors as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.060.

D. Environmental review: All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors. Conditions of approval recommended pursuant to CEQA review shall be transmitted to the planning director.

E. Planning director's report: All applications shall be reviewed by the planning director, who may consult with any person for the purpose of technical review. The report of the planning director, including any recommended conditions of approval, shall be transmitted to the planning commission and applicant at least five days prior to hearing on the application.

(Ord. 236-73 Exh. A(part), 1991)

A. Public hearing: The planning commission shall hold a public hearing as provided in Chapter 18.140 on each application for a planned development after the application is accepted as complete. Notice of hearing shall be given by the planning director as provided in Section 18.140.050.

B. Action: After the hearing the planning commission may approve, approve subject to conditions, or deny the application for a planned development permit. The approval shall clearly describe the plan for development, set forth all conditions, and include the findings and requirements in this section.

C. Findings: In addition to any other finding required for concurrent applications, the planning commission shall make the following written findings addressing in which respects the development would or would not be in the public interest, including conclusions on the following:

1. In which respects the development plan and/or applicable specific plan is not consistent with the provisions and purposes of the PD zone and the general plan.

2. The extent to which the development or specific plan varies from zoning and subdivision regulations otherwise applicable to the particular property or the type of development proposed.

3. The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further amenities of light and air, recreation and visual enjoyment.

4. The relationship, beneficial or adverse, of the proposed planned development to the area in which it is proposed to be established.

5. In the case of a plan proposed for development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the development and the integrity of the development plan.

D. Elements of permit: Any approval of a planned development permit shall specify the following:

1. The incorporation, by reference or attachment, of all associated specific plans, subdivision maps and certificates.

2. All conditions of approval, including all permitted uses and densities of usage with their specific locations.

3. Clarification of the sequence of development if the project is proposed to be developed in phases.

4. Any architectural design plans or features required, or landscaping.

5. The type of security proposed to construct and maintain all improvements, and the form of all performance bonds, if any.

6. Clarification of the location and use of all open space and/or common property areas and easements.

7. The requirement to rezone lands to the PD zone if applicable, and the incorporation of the appropriate provisions of each approved planned development permit as a part of the ordinance to accomplish the rezoning.

E. Conditions: The granting of any planned development permit may be conditioned upon (1) terms, conditions, or modifications to the proposal for the purpose of assuring that the proposal complies with all criteria applicable to the proposed development, (2) dedication of land or posting of a bond to guarantee the installation of public improvements which are reasonably related to the uses for which the permit is granted, (3) the recording of a document, on a form as prescribed by the planning director and approved by county counsel, in the office of the county recorder, providing notice of the terms and/or conditions of granting the permit, or (4) security, fees, agreements, or other assurances deemed necessary to insure compliance with any conditions imposed.

(Ord. 236-73 Exh. A(part), 1991)

Any interested person may appeal the decision of the planning commission as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

In a planned development containing areas of common ownership, the subdivision map, dedication, covenants, and other recorded legal agreements must meet the following criteria. Where any of the following may not be applicable, the developer may substitute alternative suggestions for consideration. All legal documents required by this chapter shall be approved as to legal form and effect by county counsel.

A. Legally create an automatic-membership, nonprofit, home or property owners association, district, or similar instrument.

B. Place title to the common property in the home or property owner's association or district.

C. Place responsibility for operation and maintenance of the common property in the home or property owners association or district, or give definite assurance that it automatically will be so placed within a reasonable definite time.

D. Appropriately and permanently limit the use of the common property, and give each lot owner the right of use and enjoyment of the common property.

E. Place an association charge on each lot in a manner which will assure sufficient funds, such charge to be a lien on the property, and provide adequate safeguards for the lot owners against undesirable high charges; or create appropriate assessment districts.

F. Restrict the use of the property to the uses specified by the planned development permit.

(Ord. 236-73 Exh. A(part), 1991)

Every planned development permit expires and is null and void without further action by the county if the adoption of the ordinance to apply the PD zone has not occurred within three years from the date the planned development permit was approved, or affirmation of approval on appeal, unless an extension of time is granted as provided in this chapter. The planning director has the authority to declare, based on length of time and operation of law, the planned development permit abandoned, and therefore null and void.

(Ord. 236-73 Exh. A(part), 1991)

In addition to the provisions in this section, the requirements in Sections 18.126.040 through 18.126.070 shall apply to an application for an extension made subsequent to approval.

A. The planning commission may extend the time for commencement of development in accordance with the approved permit if an application for an extension of time is made to the planning director prior to expiration of the planned development permit, or upon its own motion. The commission shall hold a public hearing. Notice shall be given as provided in Section 18.140.050.

B. The planning commission may approve or deny the extension. The amount of time to commence the use or activity shall not extend, in total, more than five years from the date the permit is approved, or affirmation of approval on appeal, or such longer time as is consistent with the time limits for the expiration of an approved tentative map. In lieu of denying an extension, the commission may amend existing conditions of approval or impose additional conditions, if the grounds which justify denial can be corrected or cured by such modifications. Any extension of time shall be approved without modification of conditions, except as required for health or safety, if the permittee shows that circumstances beyond the permittee's control have prevented the permittee from taking sufficient action.

C. The decision by the commission relating to the request for an extension of time may be appealed to the board of supervisors as provided in Chapter 18.144. Notice shall be given as provided in Section 18.140.050.

(Ord. 236-73 Exh. A(part), 1991)

Any significant alteration or expansion of a planned development for which a planned development permit was obtained shall require amendment to the approved permit. Plans adequately detailing the amendment shall be submitted to the planning department for determination of appropriate processing.

(Ord. 236-73 Exh. A(part), 1991)

Every planned development permit issued under this chapter is revocable as provided in this section.

A. Whenever the planning director or planning commission determines that one or more ground exists for revocation of a planned development permit, the planning commission may pursue the matter by holding a public hearing. Notice shall be given as provided in Section 18.140.050, for the purpose of revoking the permit. The grounds for revocation include, but are not limited to:

1. Noncompliance with permit conditions.

2. Violation of any law relating to the permit.

3. Expansion of the use that is the subject of the permit without an amendment or new permit.

4. Exercising or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance.

5. False or erroneous information in the record as to a material matter or significant issue regarding use.

B. The planning commission may revoke or decline to revoke the permit. In lieu of revocation, the commission may amend existing conditions of approval, or impose additional conditions, if the grounds which justify revocation can be corrected or cured by such modifications.

C. The decision of the commission may be appealed to the board of supervisors, as provided in Chapter 18.144. Notice of hearing shall be given as provided in Section 18.140.050.

D. If the permit is revoked, the county may initiate an application to rezone the property from the PD zone if applicable.

(Ord. 236-73 Exh. A(part), 1991)