Biggs City Zoning Code
CHAPTER 14
390 PD PLANNED DEVELOPMENT DISTRICT
§ 14.390.010 Intent.
The planned development district (PD) is intended to be applied on a limited basis to provide flexibility in the approval of land uses. Various land use designations may be combined within a single project in the PD district. Modifications of specific provisions and standards of this title may be allowed in the PD district where such modifications provide a substantial benefit to the community and will not be contrary to the intent of the city general plan or harmful to areas adjacent to such development.
(Formerly 14.30.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.020 Applicability.
The planned development district may be applied as a combining zone to any city zoning designation.
(Formerly 14.30.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.030 Permitted principal uses.
Permitted uses in any PD zone shall be any use or combination of uses and densities which are so arranged and designed to provide a development which is in conformity with the general plan. The underlying zoning district shall determine the dominant use of the PD district. Mixtures of uses may be permitted under certain circumstances.
(Formerly 14.30.030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.040 General regulation.
The following regulations shall apply to all PD districts:
(1)
The land use density and intensity of any PD district shall be consistent with the underlying land use designation with which the PD district is combined. Densities may be increased for mixed residential uses which are consistent with the policies of the general plan. In no case shall densities exceed the maximum number of dwelling units allowed by the Biggs general plan, except as otherwise permitted by state law.
(2)
A minimum area equal to 20 percent of a project's total area shall be landscaped open space. A minimum area equal to 10 percent of the total project area shall be in consolidated areas which support social or recreational activities. Open space shall not be construed to include streets, driveways, parking, or covered areas.
(Formerly 14.30.040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.050 Applicability – Modification powers.
In accordance with the public hearing procedure set forth in Chapters 14.40 (Zoning and Text Amendments) and 14.60 BMC (Conditional Use Permits), regulations applicable only to the project area which differ from the otherwise applicable zoning provisions may be developed and applied. The city may further authorize uses not permitted in the principal zoning district; provided, that such uses are desirable or convenient for the users of the project and compatible with other allowable and planned uses. Unless the planning commission grants a specific exception, such uses not otherwise permitted in the zoning district shall not occupy more than 30 percent of the planned development area, nor involve the construction of buildings comprising more than 30 percent of the total floor area of planned structures. Approval of the planned development project may contain conditions or restrictions which the city deems necessary to carry out the purposes of this title and to protect the public health, safety and welfare.
(Formerly 14.30.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.060 Latitude of regulations.
The planning commission may recommend and the city council may adopt as part of a site development plan pursuant to the planned development district regulations, limitations, restrictions and requirements different from those specified elsewhere in city ordinances, but which are designed to protect, foster and maintain the health, safety and general welfare of the community, including, but not limited to, the following:
(1)
Setback and height limitations on structures;
(2)
Percent of land coverage by structures;
(3)
The location, width and improvement of vehicular and pedestrian access to or across various portions of the property;
(4)
Planting and maintenance of trees, shrubs, plants and turf in accordance with a landscape plan;
(5)
Construction of fences and walls;
(6)
Limitations on the size, design, number, lighting and location of signs and advertising structures;
(7)
Arrangement and spacing of buildings and structures to provide appropriate open spaces;
(8)
Location and size of off-street parking, loading areas and docks;
(9)
Architectural design of buildings and structures; and
(10)
Provision of exterior lighting.
(Formerly 14.30.060; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.070 Preapplication review.
Prior to application, the prospective applicant should consult with the city planner to obtain information and guidance before making commitments, or incurring substantial expense in the preparation of plans, surveys and other data.
(Formerly 14.30.070; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.080 Subdivisions within a PD.
Where the planned development project includes the creation of new lots or condominium units, a tentative subdivision map application must be filed in accordance with BMC Title 13.
(Formerly 14.30.080; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.090 Design review required.
All projects approved under the provisions of this chapter shall also be subject to the provisions and requirements of Chapter 14.100 BMC (Design Review). Prior to submittal of application materials for design review, project applicants shall discuss submittal requirements with the city planner. Where appropriate, the city planner may allow certain required submittal materials to be combined. Such combining of materials shall be at the discretion of the city planner and is intended to relieve applicants of duplicate submittal requirements when appropriate.
(Formerly 14.30.090; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.100 Application.
An application shall contain 13 copies of a site development plan and other materials which provide the following information:
(1)
Legal boundaries, dimensions and area of the site, including existing parcels partially or wholly within the site, and all existing streets, alleys and easements partially or wholly within the site;
(2)
Elevation, contour lines, slope, trees and other natural features of the site;
(3)
Location of existing structures, pavement, curbs, sidewalks, ditches, canals, pipes, poles, wiring, fences, septic tanks, landscaping and other manmade improvements on the site;
(4)
Boundaries, number, dimensions and area of all proposed lots, rights-of-way, easements, common areas and areas to be dedicated to the city or other public agency;
(5)
Location, lot coverage, number of stories and intended uses of all proposed buildings and structures;
(6)
Number, location and size of proposed dwelling units;
(7)
Location and dimensions of proposed streets, driveways, parking areas, loading areas and walkways;
(8)
Location and general description of proposed landscaping;
(9)
Arrangements for ownership, development and maintenance of community-owned areas and facilities, including covenants, conditions and restrictions;
(10)
Description of any proposed phasing of the project, indicating the sequence and timing of each unit and how each unit would independently constitute reasonable and orderly development of the site;
(11)
Architectural drawings and elevations of all building types and signs, including materials, colors and roofing;
(12)
Any additional information requested by city staff or the planning commission.
(Formerly 14.30.100; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.110 Action by planning commission.
(1)
The planning commission shall review and act upon the application as provided in Chapter 14.40 BMC and the regulations set forth in the city subdivision ordinance, if applicable.
(2)
The commission may recommend changes in the draft concept plan or recommended regulations as described under BMC § 14.390.060, and forward such recommended changes and regulations to the city council with its recommendation regarding establishment of the PD district.
(3)
The commission shall condition approval of the tentative subdivision or tentative parcel map to become effective concurrently with the effective date of the rezone.
(Formerly 14.30.110; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.120 Action by city council.
(1)
The city council shall consider the application and site development plan, together with the recommendation of the planning commission.
(2)
The city council may approve a planned development district as recommended by the planning commission if it finds that:
(3)
If the city council determines that the project as proposed should not be approved, the council will refer the project, with specific comments and recommendations, back to the planning commission for further consideration.
(4)
An ordinance establishing a PD district, if enacted by the city council, shall reference the development plan for the district as approved by the city council.
(Formerly 14.30.120; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.130 Finalization of site development plan.
Within 21 days following city council approval of a planned development project, the applicant shall prepare a revised site development plan which reflects changes as recommended by the planning commission and approved by the city council. The applicant shall submit five copies of such site development plan to the city planner.
(Formerly 14.30.130; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.140 Development.
(1)
When a specific planned development project has been approved, the site development plan (modified as directed by the city council and approved as accurate by the city planner) and conditions approved by the city council shall constitute the regulations for the use, improvement and maintenance of the property within the boundaries of the PD district.
(2)
Except as provided in this title, no use, structure or lot shall be created or altered which is not in conformance with the site development plan associated with the PD district.
(3)
Minor revisions to the approved site development plan may be approved by the planning commission as long as such revisions do not increase the density or intensity or significantly modify the location, size or use of any main building.
(4)
Substantial revisions to the overall concept or site development plan would require the submittal of a new PD rezone application and site development plan.
(Formerly 14.30.140; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.150 Additional materials – Prior to permit issuance.
Following city council approval of the PD rezone and site development plan and prior to the issuance of building permits, the following material shall be submitted to the city staff:
(1)
Plans for proposed facilities and improvements for drainage, water, sewer, power, gas, telephone, cable, waste disposal, fire hydrants, lighting and other utilities;
(2)
Grading plan;
(3)
Grades, widths and cross-sectional design of proposed streets, curbs, sidewalks, drainage canals and utility pipes.
(Formerly 14.30.150; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)
§ 14.390.160 Expiration of PD district.
(1)
Any PD district established after the effective date of the ordinance codified in this title shall expire at the date the associated tentative subdivision map or tentative parcel map expires as regulated by the city subdivision ordinance.
(2)
If the PD district change is not associated with a tentative subdivision map or tentative parcel map and construction of the project has not commenced within 24 months, then the planned development will become null and void.
(3)
If any PD district expires, the zoning which existed prior to the adoption of the PD district, or its current equivalent, shall be in full force and effect.
(4)
A one-year extension of the planned development approval may be granted by the planning commission prior to the date of expiration.
(Formerly 14.30.160; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)