Division 17 — PLANNED DEVELOPMENT (ADDITIVE) ZONE

SEC. 16-270. PURPOSE.

(A) The purpose of this division is to authorize the designation of any of the basic zones established by this code as planned development zones by adding the letters “P-D” thereto. The P-D designation is intended to insure the orderly development of land in conformance with the general plan of the city and to permit departures from the restrictions imposed within the basic zones as specified in this chapter where justified by one or more of the following circumstances:

(1) When development is proposed in an area that the general plan has phased for development at a later time;

(2) When development is proposed in an area subject to a redevelopment plan;

(3) When development is proposed adjacent to or near public parks, public buildings or similar areas;

(4) When disparities between adjacent zones require protection of the more restricted zone;

(5) When development is proposed that does not conform to the standards of the basic zone, but offers advantages if properly conditioned to protect nearby uses.

Such development includes but is not limited to:

  (a)  Commercial development near residential development;

  (b)  Multiple-family development near single-family development;

  (c)  Research and manufacturing development near commercial or residential development;

  (d) When development is proposed near areas of public interest, such as areas of natural beauty, natural resources or historical interest, and public parks, civic

centers and monuments;

  (e) When development of a planned residential group is proposed.

(B) Another purpose of this division is to ensure that development occurs in substantial conformance with plans or uses in connection with an application for rezoning.

(`64 Code, Sec. 34-107) (Ord. No. 916, 934)

SEC. 16-271. MODIFICATION OF REQUIREMENTS OF BASIC ZONE.

(A) A special use permit shall be required for approval of any new development, enlargement or rebuilding of a structure or new use, license or certificate of compliance in any P-D zone.

(B) All requirements that apply in the basic zone to which the P-D designation is attached shall apply in the P-D zone, but such requirements may be modified by conditions imposed on the special use permit. Such conditions shall be designed to enhance the public welfare. Such conditions that concern numerical standards shall not increase or decrease by more than 25 percent the requirements that apply in the basic zone.

(C) If the basic zone to which the P-D designation is attached does not have requirements or standards, standards shall be set as shown on the development plan approved with the special use permit. Conditions as outlined in subsection (D) below may also be applied.

(D) Such conditions include, but are not limited to:

(1)   If a P-D designation is requested on a development application, conditions requiring that development substantially conform to the plans or uses proposed in

connection with the application for zoning or rezoning;

(2) Conditions to reduce or eliminate obnoxious characteristics of the development, such as noise, light, glare, smoke and odor;

(3)  Conditions to provide sufficient off-street parking and loading spaces not required in the basic zone; to provide parking areas, access and traffic circulation

patterns designed to segregate pedestrians from vehicles, prevent traffic congestion within the parcel or on nearby streets and protect the privacy of abutting uses and residential streets; to reduce the number of parking spaces required in the basic zone if such requirements are demonstrated to be excessive, as for housing for seniors; to require that off-street parking spaces be enclosed; and to waive carports and garages if parking spaces are not visible from the street or other public right-of-way;

(4)  Conditions increasing or reducing the height of development, including fences; increasing or decreasing the number of dwelling units; increasing or decreasing

landscaping; increasing or decreasing projections into required yard areas; increasing or decreasing sign sizes; increasing or decreasing minimum lot sizes and setbacks; and requiring design and architectural elements that reduce conflicts between the development and nearby property.

(`64 Code, Sec. 34-111.3) (Ord. No. 725, 948, 2367, 2445)

SEC. 16-272. PROCEDURE TO ESTABLISH P-D ZONE.

(A) Adoption of an ordinance establishing a P-D zone may be initiated by application of an owner of real property within the area of the proposed zone or by a resolution of intention adopted by the city council.

(B) The form of the owner’s application shall be prescribed by the director. The owner shall pay an application fee in the amount set by resolution of the city council at the time of filing the application.

(C) All proposals to establish a P-D zone shall be heard by the commission and the city council as set out in article VIII of this code.

(`64 Code, Sec. 34-109) (Ord. No. 916, 1408)

SEC. 16-273. PROCEDURE TO OBTAIN SPECIAL USE PERMIT.

(A) After a P-D zone has been established, no permit for construction or alteration of any structure or license or certificate of compliance for any use in such zone shall be issued unless a special use permit for the development or use is approved in the manner and subject to the conditions set out in sections 16-530 to 16-553. If the basic zone requires a special use permit for a specific use of the property, the issuance of one special use permit shall satisfy the requirements of this section and of the basic zone.

(B) Any application for a special use permit in a planned development zone shall be accompanied by plans drawn to appropriate and legible scale, together with supporting data and showing the following:

(1) A plot plan showing the location and dimensions of all existing and proposed structures, landscaping, parking areas and other proposed uses on the subject

property supplemented by a narrative description of all improvements proposed to be installed and the general type of uses on each portion of the property;

(2) Schematic drawings, elevations or renderings showing the architectural design of buildings and structures proposed to be constructed; and

(3) A schedule of time for construction of various portions of the development if the construction is to occur in stages.

(C) A commercial cannabis business for retail uses may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVI, chapter 11 of the Oxnard city code and a special use permit. A commercial cannabis business for manufacturing, testing and/or distribution of cannabis may be permitted in the planned development (additive) zone, provided that the owner has first obtained a commercial cannabis business permit pursuant to article XVII, chapter 11 of the Oxnard city code and a development design review (DDR) permit.

(`64 Code, Sec. 34-111.2) (Ord. No. 725, 917, 948, 2367, 2445, 2965, 2972)

SEC. 16-274. RECORDATION OF NOTICE OF ISSUANCE OF SPECIAL USE PERMIT.

Within 30 days of issuance of a special use permit for property located in a P-D zone, the permittee shall record with the county recorder a notice thereof and file with

the city clerk a copy of such notice, showing the date and location of filing by the county recorder.

SEC. 16-275. MINIMUM LOT AREA.

(A) Lots shall have a minimum area of 6,000 square feet in all zones except the R-P-D, C-P-D, M-P-D. Lots in the R-B-1 zone shall have a minimum area of 4,000 square feet.

(B) The minimum width of lots shall be 50 feet except in the R-B-1 zone, in which the minimum width of lots shall be 40 feet.

(C) No lot shall be divided by a city boundary line. The side lines of lots shall be approximately at right angles to the street line on straight streets or to the tangent on curved streets.

(`64 Code, Sec. 34-111.6) (Ord. No. 617, 948)

SEC. 16-276. MODIFICATION OF SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT.

Modifications to an approved special use permit for a planned development shall be made as set out in article VII, division 4 of this code.

SEC. 16-277. SUBSEQUENT ZONE CHANGES.

(A) A rezoning of property subject to a special use permit for a planned development shall be cause for review of the special use.

(B) Repeal of a planned development additive zone terminates the special use permit for the planned development.

(`64 Code, Sec. 34-110.4) (Ord. No. 916, 1409)

SEC. 16-278. TIME LIMIT FOR COMMENCEMENT OF IMPROVEMENTS.

Improvements authorized by a special use permit for a planned development must be substantially undertaken within 18 months unless some other period is specified by the commission, or the permit shall expire.

(`64 Code, Sec. 34-111) (Ord. No. 916, 1409)