Planned development districts, hereinafter designated as PD districts, are established to encourage the arrangement of a compatible variety of uses on suitable lands in such a manner that the resulting development will:

A.

Be in accord with the policies of the General Plan of the county;

B.

Provide efficient use of the land that includes preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms;

C.

Provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities;

D.

Be compatible with and enhance the development of the general area;

E.

Create an attractive, efficient and safe environment.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.0)

Residential development and mixed-use residential development within the PD districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 7, 10-7-14, eff. 1-1-15)

The provisions of this chapter shall become applicable to any given development only upon change in zoning district to a planned development district in accordance with the provisions of Chapter 17.54 of this title, with the following exceptions to the provisions of said Chapter 17.54:

A.

The determination that the proposal will benefit the public necessity, convenience and general welfare shall be based in part on the conformance of the proposal with the provisions of this chapter.

B.

Any change in zoning district accomplished in accordance with this chapter is subject to review by the planning commission at the expiration of two years from the effective date of said change, if during the two year period construction in accordance with the approved plan is not commenced or if the approved staging plan has not been followed. At the conclusion of the review by the planning commission, the planning commission may recommend to the Board of Supervisors that the lands affected by the planned development district be rezoned from the planned development district. Said hearings by the planning commission and the Board of Supervisors shall be in accordance with the provisions of this title.

C.

A planned development district shall be established by the adoption of an ordinance by the Board of Supervisors reclassifying the described property to a planned development district and adopting by reference, a land use and development plan, the provisions of which shall constitute the regulations for the use, improvement and maintenance of the property within the boundaries of the plan.

(Ord. 2006-36 § 1 (part): Ord. 2004-61 § 1 (part): prior gen. code § 8-31.2)

(Ord. No. 2010-71, § 34, 12-21-10)

Where the parcel or parcels for which an applicant is requesting a change in zoning district to a planned development district totals one acre or smaller in area, the applicant shall submit a preliminary land use and development plan to the planning commission, which will allow formal consideration of the concept of development prior to detailed design. For all other requests for a change in zoning to a planned development district, the applicant may, prior to submitting an application for change, submit a preliminary land use and development plan for commission review.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.3)

The preliminary plan shall contain certifications that a civil engineer, a landscape architect and an architect or a registered building designer have participated in the preparation of the preliminary plan.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.4)

The preliminary plan shall be in the form specified by the planning commission.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.5)

Upon receipt of a preliminary plan in the form specified by the planning commission notice of hearing shall be given pursuant to Section 17.54.830.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.7)

(Ord. No. 2009-17, § 3, 4-14-09)

After consideration of the preliminary plan, the testimony at the public hearing, and the reports of any interested referral agency, the planning commission shall advise the applicant of its evaluation of the plan. This evaluation shall include statements regarding:

A.

Whether, in the opinion of the planning commission, the public interest would be best served by any planned development district within the subject area; and may include statements regarding:

1.

Whether, in the opinion of the planning commission, the intent and provisions of this district could be met by the development as indicated on the preliminary plan and if so, of the specific development objectives that would tend to render the proposal in compliance with these provisions, such as: maximum dwelling units permitted based on a refinement of the ranges found in the General Plan;

2.

Specified developmental objectives relative to particular characteristics of the site and its environs that should be obtained in the ultimate development.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.8)

Same as provided in Section 17.18.040, except when rezoning is initiated by the Board of Supervisors or planning commission, in which case the plan will be prepared by the planning department.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.11)

The land use and development plan shall be in the form specified by the planning commission.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.12)

Maintenance of all lands included within the plan not utilized for building sites, state and county roads and public uses shall be assured by recorded land agreements, covenants, proprietary control or other stated devices which attain this objective. The proposed method of assuring the maintenance of such lands shall be included as part of the land use and development plan.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.15)

A land use and development plan shall be part of any reclassification action to the planned development district.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.16)

The planning commission and the Board of Supervisors shall not approve any reclassification of property to a planned development district unless they can make all the following findings in the affirmative:

A.

The resulting development implements the applicable policies, objectives, principles, and goals of the county general plan, area plans, and applicable specific plans;

B.

The parcel size, shape, property lines, and terrain are suitable for the proposed development;

C.

The resulting development is integrated and harmonious with and/or beneficial to the character and infrastructure of the surrounding area in terms of physical development and use;

D.

The development results in a higher quality design or site plan than would otherwise result from development of the property if subject to the existing zoning development and use standards; and

E.

In Castro Valley, there is no increase in density over that permitted by existing zoning standards. In other areas, any increase in density over that permitted by existing zoning standards shall either:

1.

Provide a positive relationship to adjacent land uses and densities;

2.

Provide affordable housing; or

3.

Provide a tangible public benefit, such as:

a.

Substantial improvement to public infrastructure in the immediate area;

b.

Public uses such as community centers, public parks, or open spaces; or

c.

Additional impact fees (which may be achieved through development agreements) for which there might not otherwise be nexus on project impacts.

F.

In Castro Valley, there shall be no change to the Castro Valley General Plan land use designation as part of the planned development rezoning request.

In addition to the above findings, the planning commission and Board of Supervisors shall not approve any reclassification of property to a planned development district for residential developments greater than fifty (50) units unless they can make all the following additional findings in the affirmative:

G.

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and the density will not generate traffic in such amounts as to overload the street network outside the PD district;

H.

There will be no adverse fiscal impact to the county, specifically, but not limited to provision of services; and

I.

Each phase, if applicable, of the development, as well as the development as a whole, can exist as an independent unit capable of creating an environment of sustained desirability and stability.

(Ord. 2006-36 § 1 (part))

(Ord. No. 2010-71, § 35, 12-21-10; Ord. No. 2020-66, § 8, 12-15-20)

Any use of land within the boundaries of a planned development district adopted in accordance with the provisions of this chapter shall conform to the approved land use and development plan.

(Ord. 2006-36 § 1 (part): Ord. 2004-61 § 1 (part): prior gen. code § 8-31.17)

(Ord. No. 2010-71, § 36, 12-21-10)

If an applicant proposes a change to a land use and development plan approved by the Board of Supervisors in accordance with Section 17.18.020 of this chapter, the change may be permitted subject to securing a conditional use permit as provided by Section 17.54.135 of this title. For purposes of considering such a conditional use permit, in addition to the findings required by Section 17.54.135, the planning commission shall only authorize a conditional use permit if it finds that:

A.

The proposed change does not increase:

1.

The number of housing units beyond that permitted in the existing land use and development plan;

2.

The number of, or size of, structures;

3.

The number of, or size of, accessory structures;

4.

Signage (number and/or aggregate sign area); or

5.

The floor area ratio of the structures permitted in the existing land use and development plan.

B.

The original land use and development plan was approved less than five years ago;

C.

The proposed change does not reduce public infrastructure provided in the land use and development plan;

D.

The proposed change does not reduce public uses such as community centers, public parks or open spaces;

E.

The proposed change does not have an adverse financial impact on the county, including the provision of services;

F.

The proposed change does not involve uses not previously approved for the project.

The planning commission shall adopt a statement or resolution of findings for each criteria required for issuance of a conditional use permit. A planning commission decision pursuant to this section is subject to appeal pursuant to Section 17.54.670.

(Ord. 2006-36 § 1 (part): Ord. 2004-61 § 1 (part): prior gen. code § 8-31.18)

(Ord. No. O-2015-47, § 1, 9-29-15)

Prior to the installation of any improvements or prior to the issuance of any building permit for any structure within the boundaries of a land use and development plan approved by the Board of Supervisors in accordance with Section 17.18.020 of this chapter, there shall be deposited with the county treasurer, a sum in the amount estimated by the county building official as being sufficient to cover the cost of inspection for all improvements not requiring the issuance of any other permit by the provisions of the county building, electrical and plumbing codes. If the amount so deposited exceeds the actual cost to the county, the depositor shall be reimbursed for the balance remaining; if the actual cost of inspection exceeds the deposited amount, the building official shall withhold final inspection and approval of occupancy until there is deposited with the county treasurer an additional sum as estimated by the building official.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.19)