Scotts Valley Municipal Code Art. II Planned Development Permits

The provisions of this article shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in combined base and planned development districts, hereinafter also referred to in this article as "combined districts" or "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development.

(Ord. 16.83 § 2 (part), 1991)

Unless the base zone is being utilized:

A. No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B. No use shall be added, changed, modified, enlarged or altered on any site which is in a planned development district except pursuant to and in accordance with a planned development permit.

C. A planned development permit may be issued for all or any part of the property located in a planned development district.

(Ord. 16.83 § 2 (part), 1991)

A. An application for a planned development permit shall be filed only when the property covered thereby is located in planned development zoning district.

B. An application for a planned development permit may be filed at any time after the city council has adopted a planned development zoning ordinance on which the application for the planned development permit is based.

However, no hearing may be held on such application until the zoning ordinance has become effective.

(Ord. 16.83 § 2 (part), 1991)

Pursuant to and in accordance with the provisions of this article, the director, or the planning commission on appeal from the director's action, may issue planned development permits. Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a planned development district and nothing contained in this article shall, in any event or under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ord. 16.83 § 2 (part), 1991)

A. Upon finding an application for a planned development permit complete pursuant to Article I of this chapter, the director shall review the application and shall set a public hearing on the application.

B. The director shall cause notice of the time and place at which all persons may appear before the director and be heard to be given in accordance with Section 17.39.070.

(Ord. 16.83 § 2 (part), 1991)

A. The director or the planning commission on appeal, may issue a planned development permit only if all of the following findings are made:

1. The planned development permit, as issued, furthers the policies of the general plan;

2. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property;

3. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious;

4. The environmental impacts of the project have been reviewed and considered.

B. The planning commission or the city council shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 16.83 § 2 (part), 1991)

Any action taken by the director under this article may be appealed to the planning commission by filing, with the director of planning, a written notice of appeal as provided in Section 17.50.060.

(Ord. 16.83 § 2 (part), 1991)

After a hearing on an order to show cause pursuant to Section 17.39.170, the commission at its discretion may revoke, suspend, or modify any planned development permit upon finding that:

A. A violation of any condition of the planned development permit was not abated, corrected or rectified within the time specified on the notice of violation; or

B. A violation of any city ordinance or state law was not abated, corrected or rectified within the time specified on the notice of violation; or

C. A use as presently conducted creates a nuisance.

(Ord. 16.83 § 2 (part), 1991)

Amendment may be granted at the discretion of the director or planning commission on appeal upon a finding that the amendment does not negate any findings required by Section 17.39.850.

Nothing in this section shall preclude the director or planning commission from making reasonable modifications, additions or deletions to any condition in order to protect the public peace, health, safety, morals or welfare.

(Ord. 16.83 § 2 (part), 1991)

The director shall not issue a planned development permit providing for public open space, and no planned development permit issued by the director which provides for public open space shall be valid, unless before the issuance of such permit, the city council shall have approved the provisions of such public open space and the size, shape, location, and dimensions thereof.

As used in this article, "public open space" means public park or playground land which shall be owned in fee by the city.

The city's title to and ownership of public open space shall be vested and complete as soon as such public open space shall have been conveyed to city pursuant to the provisions of any planned development permit, and immediately upon such conveyance city shall have exclusive right to the possession and use of such public open space for public park or playground purposes, including, without limiting the generality of the foregoing, the right to construct buildings or structures thereon for such purposes; and nothing contained in this article or in any other title, chapter or section of this code, shall be construed to defeat the title or ownership of city to any public open space which shall have been conveyed to city, nor to deny city such right of possession and use.

(Ord. 16.83 § 2 (part), 1991)

Any use permitted by this article shall be conducted in full compliance with all local and state laws. Any permit hereunder is subject to revocation if it is conducted in such a manner as to cause a nuisance as defined by Section 17.39.250 of this chapter.

(Ord. 16.83 § 2 (part), 1991)

In addition to conditions as set forth in Section 17.39.100, a planned development permit for the relocation of a building or part thereof may be conditioned upon the applicant providing a cash deposit, letter of deposit, or some equivalent satisfactory to the director of planning, ensuring that all work permitted and/or required by the planned development permit be completed in a timely manner. The permit shall include time limitations on the commencement and completion of the relocation, and on the commencement and completion of any required architectural and other required improvements.

(Ord. 16.83 § 2 (part), 1991)