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Anderson City Zoning Code

CHAPTER 17

32 - P-D PLANNED DEVELOPMENT COMBINING DISTRICT

17.32.010 - Regulations generally.

The provisions of Chapter 17.02 of this code are made applicable to all P-D districts, subject to the specific provisions of the following sections under this chapter.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.020 - Purpose.

P-D districts may be established to promote and encourage cluster development, flexibility of land development, the establishment of open areas, and to meet those changes in technology and demand, consistent with the best interests of the city. The P-D combining district is designed to produce a comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.030 - Establishment of district.

The P-D district may be combined with any zoning district. This district is a combining district with respect to the uses allowed, and permits those uses allowed by the districts with which it is combined. It shall overlay the districts with which it is combined. All P-D districts need not allow the same uses. For the purposes of identification, all P-D districts established shall be suffixed by the zoning notation of the district(s) with which it is combined, i.e. P-D/R-1, P-D/R-3, etc., and such notation shall be utilized on the zoning application, agenda, notices, ordinance and zoning map.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.040 - Application—Development plans.

A.

Proposed Development Plan. Prior to filing an application for rezoning to a P-D district, as provided in subdivision B of this section, the applicant shall present to the planning commission for staff and commission review, a proposed development plan. This plan, among other things, shall include maps, designs and such other materials necessary to show:

1.

Legal boundary of the project;

2.

Plot plan of land and area to be developed, indicating the location of adjacent streets and all private rights-of-way existing and proposed;

3.

General topography of the land with all drainage features and location of all proposed structures, together with the usage to be contained therein and approximate location of all entrances thereto, and the height and gross floor area thereof;

4.

Vehicular and pedestrian circulation within the site, and adjacent streets and alleys;

5.

The extent, location, general arrangement, and proposed improvements of all off-street parking and loading facilities;

6.

The extent, location and general arrangement of all buildings, open space and landscaping;

7.

Architectural drawings to demonstrate the concept and character of the proposed development;

8.

The number of units proposed;

9.

Existing and proposed land uses and zoning;

10.

Such additional information as may be required by the planning commission or staff.

B.

Final Development Plan. Within one year after review of the proposed development plan, the applicant shall prepare and submit to the planning commission, a final development plan which must be prepared by an architect, landscape architect, or engineer registered and licensed with the state of California along with an application for rezoning. The final development plan shall include:

1.

Site plan showing the location of all proposed buildings, structures and other general site improvements;

2.

A boundary map with gross area indicated;

3.

Topographical map with average slope indicated;

4.

Plan of approximate grading;

5.

Plan showing location, grades and widths of all streets, location and size of all utilities, drainage structures, parking areas, walkways, and other improvements;

6.

The location of all existing structures;

7.

Architectual elevations of all proposed building types;

8.

Relationship of proposed buildings and structures to the nearest off-site improvement;

9.

Preliminary landscape plans;

10.

Description of all open areas and statement indicating their intended disposition, i.e., how vested or to be vested, such as the homeowners' association, dedicated to city, or otherwise;

11.

Statement setting forth a program for the installation and maintenance of parking areas, lighting, landscaping, private grounds, streets, utilities and open areas;

12.

Indication of proposed property division, if applicable;

13.

Such additional information as may be required by the planning commission or the city council.

If an ordinance is adopted amending the zoning map to create a P-D district, after approval of the final development plan, that plan shall become a part of the ordinance rezoning the area involved to a P-D district.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.050 - Department of public works report.

The planning commission shall, from time to time as the same are received, submit to the department of public works, copies of the original application, the proposed development plan, and the final development plan, for a review of the proposed improvements, including streets, sewers and drainage, all as mentioned in section 17.32.040. Within thirty days after receipt of the final development plan, the department of public works shall submit to the planning commission its report relative to compliance with all applicable regulations and standards governing construction or reconstruction of streets, sewers, drainage and other improvements in a P-D district of the city. The planning commission shall not act on a final development plan until it has received and considered a report of the department of public works.

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. No. 834, § 5, 11-17-2020)

17.32.060 - Phase development.

Where the proposed planned development provides for development in two or more phases of units in sequence, the rezoning to a P-D district shall not occur unless and until the applicant has submitted and the commission has approved the final development plan required by Section 17.32.040 for the entire area proposed to be included in the P-D district. After approval of a final development plan and a rezoning has occurred, the commission may from time to time with respect to subsequent phases of development, approve minor modifications of the plan, so long as the minor modifications do not materially vary the original approved final development plan.

Each phase or unit of development as set out in the final development plan shall provide for open space and recreation facilities in proportion to the number of dwelling units equal to the dwelling open space ratio of the total development.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.070 - Zoning regulations—Alternative application.

Where a P-D zoning has occurred in accordance with a final development plan overlying one or more zones, the lands within the P-D area may be developed and/or used subject to the zoning regulations of either:

A.

Existing city zoning or district regulations in which the lands were situate at the time such land was included within a P-D district; or

B.

In accordance with the final development plan for the P-D district, provided that;

C.

Once a developer has commenced a development of an area included within a P-D zoned district under either subsection A or B of this section, all of the properties in the P-D district shall continue to be developed in conformity to the initial phase. The developer shall not be permitted to develop one phase in accordance with requirements of a preexisting zone and then develop the remaining phases in accordance with the requirements of a P-D zone.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.080 - Development standards.

A.

Uses permitted. The uses permitted in any P-D district shall be determined by and limited to those uses allowed with or without use permit approval in districts with which the P-D district is combined; provided where a P-D district combines more than one other already zoned district, the percentage of particular uses shall be directly proportional to that allowed in the districts so combined, but such permitted proportions may be allowed in any area encompassed within the P-D district. The number of dwellings per parcel and the number of dwellings per building may exceed the number allowed within R-1 and R-2 districts provided the total density of the project does not exceed the formula contained in subsection G of this section. Mobilehome subdivisions may be authorized within P-D districts.

B.

Parking—Required. Off-street parking shall be provided in an amount not less than that set forth in the regulations of Chapter 17.46, or equivalent.

C.

Building Height Limit. The height of buildings or structures shall be limited to the height requirements in each particular zone combined with the P-D districts.

D.

Minimum Open Space. In all residential developments, forty percent of the gross property area shall be reserved for and devoted to outdoor open space area. In the case of unit or phase development of a total area, the same open space requirements shall be applicable to each phase. Of this required open space area, twenty-five percent may be restricted to private use by individual owners or users of the planned development; however, seventy-five percent of said forty percent shall be common or a shared outdoor open area. Open space shall not be construed to include streets (public or private) parking areas, or area covered by structures of any kind. The planning commission may grant a modification where, after considering the general purposes of a planned development, including the open space requirements, a practicable result will obtain.

E.

Underground utilities. In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, fire alarm conduits, streetlight wiring, and other wiring conduits and similar facilities shall be placed underground by the developer unless waived by the planning commission.

F.

Unit Size and Setbacks. A residential planned development may not be established on parcels of land comprised of not less than three acres of contiguous land, unless the planning commission, in its discretion, or the city council upon appeal, finds that the property of less than three acres is suitable, by virtue of its unique character. When a P-D district abuts a residential zone, the setback requirements of the adjacent residential zone shall apply to that portion of the P-D district along the common boundary.

G.

Residential Densities. The residential density allowed in a P-D district shall be limited by the regulations applicable to each particular zone combined with the P-D district, except as to more restrictive regulations which may be prescribed by the planning commission at the time of approval of the proposed development plan in calculating the density of a proposed P-D district. The gross area, including street dedications, shall be included and computed according to the following formula:

Maximum Density:

PD R-1 = 4.6 units per acre

PD R-2 = 12 units per acre

PD R-3 = 20 units per acre

H.

Lot Area—Frontage and Setback Requirements. The minimum lot size, lot frontage and setback requirements applicable to any zone combined with a P-D zone, either by the provisions of this title or Title 16 of this code, shall be maintained throughout the P-D zone, provided that the planning commission may grant a modification where, after considering the general purposes of a planned development, including the open space requirements, a practicable result will obtain.

I.

Improvement Standards. The developer shall construct or install all improvements required by the planning commission as shown on the final development plan. Such required improvements shall be constructed or installed in accordance with the improvement standards set forth in the "design criteria and improvement standards" approved by resolution of the city council and shall be secured in the same manner as provided for subdivision improvement security set forth in the subdivision regulations of the city.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.090 - Filing fee.

At the time of submitting a proposed development plan, the applicant shall pay a fee in the amount established by resolution of the city council and on file with the planning commission, as an application processing fee. Neither the commission nor any member of its staff shall undertake a review of the proposed development plan until this fee has been paid. Such fee shall be in addition to any other fees required by this title and specifically, but not limited to, the fee for rezoning to a P-D district.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.100 - Legal requirements—Common areas.

With respect to the common areas as set out in the final development plan, there shall be provided, either in the body of the application or plan, or appended thereto as exhibits, a subdivision plat showing the dedicated areas, covenants and other deed restrictions, plan of maintenance, and lot assessment procedures, which, among other things, shall include the following:

A.

The form of document or covenant that will legally create an automatic membership nonprofit homeowners' association;

B.

The extent and type of title of homeowners in the common property area, or give definite assurance that it automatically will be so placed within a reasonable period of time;

C.

Limitations on use of common property;

D.

The extent and right of each lot owner to the use and enjoyment of the common property;

E.

Responsibility for the operation and maintenance of the common property;

F.

The amount of charge or assessment on each lot for the maintenance of common property, which will:

1.

Assure sufficient funds to maintain the common property and provide that such assessment shall be a lien on the property;

2.

Provide adequate safeguards for the lot owners against undesirably high charges;

G.

All documents required by this section shall be in a form that may be enforced by the city and in a form that shall be first approved by the city attorney.

(Ord. 515 § 1 Exh. A (part), 1987)