§ 24-32. Planned development zone requirements.

A.

General Rezoning Requirements. In addition to the requirements contained in this section, the rezoning of any parcel to Planned Development (PD) shall comply with the requirements for a Zoning Ordinance Map Amendment as specified in Article VI, Division 6 (Zoning Ordinance Amendments).

B.

Minimum Parcel Size. The minimum size of a site proposed for rezoning to the PD zone is three (3) acres.

C.

Pre-Application Conference. Prospective applicants are required to request a pre-application conference with the Department of Development Services before completing and filing an application for a PD rezoning. At the pre-application conference, prospective applicants shall describe the general concepts of the development project, including site layout, land uses, building height and bulk standards, circulation, and other information necessary to describe key aspects of the project. The Department of Development Services shall provide preliminary feedback on the described development project relative to project consistency with County policies. The Department of Development Services shall also review with the prospective applicant submittal requirements for a PD rezoning and the process for application review and action by the Planning Commission and Board of Supervisors.

D.

Application Submittal. An application for a PD rezoning shall be filed in compliance with Article V, Division 1 (Permit Application and Review). The application shall include the information and materials specified in the Department of Development Services handout for Zoning Ordinance Map Amendments, in addition to the following materials:

1.

Project Description. The applicant shall provide a written description of the project proposed within the PD zone. The project description shall include a narrative statement of the project's objectives and a statement of how the proposed project will comply with General Plan goals and policies for the land use designation of the project site. The project description may also include a diagram illustrating the proposed project.

2.

Site Map. The application shall include maps depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The map shall show the proposed PD zone boundaries and all properties within three hundred (300) feet of the site boundary. The map shall be accompanied by a description of the type and condition of mature trees.

3.

Parcel or Subdivision Map. If the project within the proposed PD zone involves the subdivision of land, the application shall include a tentative parcel map or tentative subdivision map as required by Chapter 20 (Subdivisions) of the Butte County Code.

4.

Infrastructure. The application shall include a written description of the infrastructure necessary to serve each phase of the project proposed within the PD zone.

5.

Public Facilities Financing Plan. If the proposed project will not be adequately served by existing public infrastructure and facilities or through the adopted countywide impact fee program, the application shall include a public facilities financing plan that identifies the needed public improvements and establishes a plan to pay for and develop the required public improvements.

6.

Open Space Summary.

a.

The open space summary shall include the amount (in square feet or acres) and percentage of site area that will be provided as total open space, private open space, common open space, and usable open space, as applicable. The summary shall also include a description of all open space areas, including proposed recreational facilities and amenities.

b.

In residential PD projects, not less than twenty-five (25) percent of the residential portion of the project shall be utilized for purposes other than residential dwellings and paved areas for vehicular uses. No less than forty-five (45) percent of such twenty-five (25) percent shall be utilized for recreation or park areas available for use by all residents. The same criteria for open space area shall apply to agricultural PD projects which may or may not include residential uses. For industrial or commercial PD projects, not less than ten (10) percent of the project shall be developed as landscaped areas.

7.

Development Plan. The application for a PD rezoning shall be accompanied by a Development Plan that includes the following information about the project proposed for the PD zone:

a.

Land Use. The Development Plan shall include a map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed with a Conditional Use Permit.

b.

Subdivision Regulations. The Development Plan shall include a Subdivision Map (if a subdivision is proposed), including minimum parcel area and minimum parcel dimensions.

c.

Circulation. The Development Plan shall include a map and narrative of the major circulation features within the site, including vehicular, bicycle, and pedestrian facilities, as applicable.

d.

Development Standards. The Development Plan shall identify development standards for all structures within the site, including, but not limited to, density, setback, structure height, site coverage, and parking requirements.

e.

Design Guidelines. The Development Plan shall include design guidelines pertaining to development features such as landscaping; building materials; fences, walls and screenings; and open spaces.

E.

Planning Commission Review and Recommendation.

1.

The Planning Commission shall hold a public hearing on the PD rezoning application as required by Article VI, Division 6 (Zoning Ordinance Amendments). The Planning Commission shall consider the full PD rezoning application at this hearing, including the Development Plan.

2.

The Planning Commission shall forward a written recommendation, and reasons for the recommendation, on the proposed PD rezoning and Development Plan to the Board of Supervisors. The recommendation shall be based on the findings in Subsection G (Findings), in addition to the Zoning Ordinance Map Amendment findings specified in Section 24-275 (Findings and Decision).

F.

Board of Supervisors Review and Decision. Upon receipt of the Planning Commission's recommendation, the Board of Supervisors shall conduct a public hearing and either approve, approve in modified form, or deny the PD rezoning and Development Plan. The Board of Supervisors may approve the application only if all of the findings in Subsection G (Findings) below can be made, in addition to the Zoning Ordinance Map Amendment findings specified in Section 24-275 (Findings and Decision).

G.

Findings. The Board of Supervisors may approve an application for PD rezoning with accompanying Development Plan only if all of the following findings can be made:

1.

The proposed development is consistent with the goals, policies, and actions of the General Plan and any applicable specific plan and community plan.

2.

The site for the proposed development is adequate in size and shape to accommodate proposed land uses.

3.

The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways.

4.

Adequate public services exist or will be provided to serve the proposed development.

5.

The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.

6.

In coordination with the applicable school district, the proposed development shall dedicate adequate and appropriately-located land for school district facilities that are needed to serve residents within the project.

7.

The proposed development carries out the intent of the PD zone by providing a more efficient use of the land and an excellence of site design greater than that which could be achieved through the application of established zoning standards.

H.

Ordinance Approving the Development Plan. If the Board of Supervisors approves the establishment of a PD zone, it shall do so by adoption of an ordinance and adoption by reference of the Development Plan. The ordinance shall also include any other provisions that the Board of Supervisors finds to be necessary to constitute the regulations for use, property maintenance, and property improvement in the PD zone.

I.

Effect of Development Plan. All proposed development and new land uses within a PD zone shall comply with the approved Development Plan.

J.

Minor Modifications. Modifications to an approved Development Plan shall be approved as specified in Section 24-246 (Changes to an Approved Project).

(Ord. No. 4062, § 1, 9-10-13)