Oakley, CA Zoning Ordinance

Purpose and Intent. A large-scale integrated development, infill development, or a General Plan special area of concern provides an opportunity for, and requires cohesive design when flexible regulations are applied, whereas the application of conventional regulation, designed primarily for individual lot development, to a large-scale development, infill development, or special area may create a monotonous and inappropriate neighborhood or development. The purpose of the P-1 District is to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces, ensure compatibility with surrounding land uses, and to ensure substantial compliance with the General Plan and the intent of the Municipal Code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. These standards shall be observed without unduly inhibiting the advantages of a large-scale site or special area planning. The P-1 district may also be used to provide additional zoning control by establishing site-specific conditions of approval and standards for a specific P-1 district.

Permitted Uses.

The following uses shall be permitted in the P-1 district:

Any land uses permitted by an approved final development plan which are in harmony with each other, serve to fulfill the function of the planned unit development, and are consistent with the General Plan.

A detached single family dwelling on each legally established lot and the accessory structures and uses normally auxiliary to it.

A second unit that complies with Section 9.1.1102, or as defined in Final Development Plan.

Restriction. No person shall grade or clear land, erect, move, or alter any building or structure on any land, after the effective date of its rezoning to a P-1 district, except when in compliance with an approved final development plan and/or this section.

Interim Exceptions. If any land has been zoned P-1 district but no preliminary development plan approved thereon, the following may be approved:

Single Family Dwelling. Where it is established to the satisfaction of the Community Development Director that a vacant parcel of land is a legal lot and the one (1) detached single family dwelling proposed to be located thereon is consistent with the General Plan, the dwelling may be placed on the lot without being subject to the application submittal, development plan review and approval provisions of this chapter;

ii.

Nonconforming Use. Until a final development plan is approved, any nonconforming use lawfully existing at the time of the establishment of P-1 zoning on that property may be repaired, rebuilt, extended, or enlarged in accordance with Section 9.1.1502 of this code or Article 15 of this chapter.

Uses Requiring a Conditional Use Permit. In the P-1 district, the following uses are permitted after the issuance of a conditional use permit:

1.)

A second unit that is more than 1,000 square feet.

Uses Requiring a Temporary Use Permit.

None

Lot Requirements. Site Minimums; Areas.

Minimum Lot Requirements	Planned Unit Development (P-1)¹
Lot Area (in square feet)	Not required
Lot Width	Not yet established
Lot Depth	Not yet established

Notes
1.	The appropriateness of using a P-1 district shall be determined on a case-by-case basis based on the specific characteristics of the site and the need to provide additional zoning control by establishing site specific conditions of approval and standards for a specific P-1 District.

Yard Requirements.

Minimum Yard Requirements	Planned Unit Development (P-1)¹
Front Yard	Not yet established
Rear Yard	Not yet established
Aggregate Width of Side Yard	Not yet established
Width of One Side	Not yet established

Notes
1.	The appropriateness of using a P-1 district shall be determined on a case-by-case basis based on the specific characteristics of the site and the need to provide additional zoning control by establishing site specific conditions of approval and standards for a specific P-1 District.

Building Height.

1.)

Building Height to be established in Final Development Plan.

Other Regulations.

Density. The allowable densities shall be determined on a case-by-case basis based on the specific characteristics of the site (including gross acreage) and the need to provide additional zoning control by establishing site-specific conditions of approval and standards for a specific P-1 District.

Rezoning: Preliminary Development Plan.

Procedure. After initiation by the City of Oakley or final application approval, an area may be zoned "P-1 planned unit district" in accordance with Title 7 of the California Government Code and this chapter, and the zoning map of the area shall then be identified with the map symbol "P-1";

Ordinance Plan. If an application for P-1 zoning and a preliminary or final development plan is approved, the preliminary or final development plan and any conditions attached thereto, as approved or later amended, shall be filed with the Community Development Department, and they are thereby incorporated into this chapter and become a part of the ordinance referred to in subsection (a) of this section;

Rezoning and Development Plan Application. Except as waived in writing by the Community Development Director, the application for rezoning to P-1 district and concurrent approval of a preliminary development consists of each of the following:

(1.)

A preliminary Development Plan, drawn to scale, indicating:

Proposed use(s) of all land in the subject area;

ii.

Existing natural land features, and topography of the subject area;

iii.

Circulation plan for all vehicular and pedestrian ways;

iv.

Metes and bounds of the subject property;

Location and dimensions of all existing structures;

vi.

Landscaping, parking areas, and typical proposed structures;

vii.

Anticipated grading for the development.

(2.)

A written legal description of the subject area;

(3.)

A preliminary report on provision for storm drainage, sewage disposal and public utilities;

(4.)

A feasibility analysis of all public and semipublic recreational and educational areas and facilities proposed to be located within the development, stating anticipated financing, development and maintenance;

(5.)

A residential density analysis of the subject area, and the estimated population resulting therefrom;

(6.)

A statement of how the proposed development conforms to, and is consistent with the General Plan;

(7.)

A request for zoning change signed by the owner, and by the owner of any option to purchase the property or any portion thereof, if any;

(8.)

Schematic drawings indicating the architectural design of all nonresidential buildings and structures and all residential buildings having attached units. Residential buildings utilizing zero lot line, cluster or patio techniques, typical designs shall be submitted. Single family detached units on difficult topography may require design and placement review when requested by the Community Development Director;

(9.)

A statement of the stages of development proposed for the entire development, indicating the sequence of units and explaining why each unit standing by itself would constitute reasonable and orderly development in relation to the entire contemplated development where it is proposed to file final development plans by units for portions of the area to be covered by the preliminary development plan; and

(10.)

Any additional information as may be required by the Planning Commission or City Council at the time of any public hearing.

Final Development Plan.

Requirements.

The final development plan drawn to scale, shall:

Indicate the metes and bounds of the boundary of the subject property together with dimensions of lands to be divided;

ii.

Indicate the location, grades, widths and types of improvements proposed for all streets, driveways, pedestrian ways and utilities;

iii.

Indicate the location, height, number of stories, use and number of dwelling units for each proposed building or structure;

iv.

Indicate the location and design of vehicle parking areas;

Indicate the location and design of proposed landscaping, except for proposed single family residential development;

vi.

Indicate the location and design of all storm drainage and sewage disposal facilities;

vii.

Provide an engineer’s statement of the proposed grading; and

viii.

Indicate the location and extent of all proposed land uses.

In addition, the final development plan shall be accompanied by:

Elevations of all buildings and structures other than single family residences;

ii.

A statement indicating procedures, and programming for the development and maintenance of public or semipublic areas, buildings and structures;

iii.

A statement indicating the stages of development proposed for the entire development; and

iv.

Any additional drawings or information as may be required by the Planning Commission and/or City Council at the time of any public hearing in the matter.

Approval Procedure.

The final development plan shall be submitted to the Commission for approval, as with conditional use permit applications, except it is the Commission which hears and reviews it. The Commission’s decision may be appealed to the City Council in accordance with Article 16 of this chapter or Section 9.1.1602, otherwise it becomes final;

A final development plan may be approved by the Planning Commission for a portion or unit of the approved preliminary development plan, in accordance with the sequence of units authorized by its conditions of approval, or upon a showing of both good cause and that the proposed portion or unit would, standing by itself, constitute reasonable and orderly development in relation to the entire development;

Small-scale development plans. At the discretion of the Community Development Department, small-scale development plans can be approved directly by City Council and are not required to be submitted to the Commission for approval.

Combined Application and Final Plan.

Combination. An applicant for rezoning to the P-1 district may submit simultaneously and in combination with the zoning application or thereafter but before the City Council’s final zoning decision, an application for approval of a final development plan for the entire property. The application and proposed final development plan shall comply with the requirements of subsections 4-F-1.2 and 4-F-1.7 (C);

Procedure. Such a combined final development plan application shall be processed, noticed, and heard by the Planning Commission. The Commission’s decision shall be a recommendation to the City Council which shall make the final decision on the final development plan along with the rezoning pursuant to subsection and 4-F-1.7 (B).

Limits To Flexibility In Design. General Plan policy 2.1.10 states in part that the Planned Unit Development (PUD) approach shall not allow either an overall greater development density than allowed under the Land Use Diagram or a combination of uses that undermines the overall intent of the project area as established under the General Plan policies and Land Use Diagram.

Plan Objectives, Regulations and Evaluations.

Design Objectives. To achieve design and aesthetic quality for large-scale integrated developments, infill developments, and/or General Plan special areas of concern, the following design objectives shall be met;

(1.)

Building bulk, height, land coverage, visual appearance from adjacent land, and design compatibility with existing adjoining development and land which will remain, shall be considered and controlled;

(2.)

A development’s design should successfully integrate individual buildings and the building groups with the surrounding development, other physical features in the area, and existing development, which will remain;

(3.)

The design of structures should provide for harmonious composition of mass, scale, color, and textures, with special emphasis on the transition from one building type to another, termination of groups of structures, relationships to streets, exploitation of views, and integration of spaces and building forms with the topography of the site and the urban or suburban character of the area;

(4.)

Provisions are to be made for an efficient, direct, and convenient system of pedestrian circulation, together with landscaping and appropriate treatment of any public areas or lobbies;

(5.)

Off-street parking and loading areas should be integrated into the overall vehicular circulation system.

Latitude of Regulations. The Planning Commission may recommend and the City Council may adopt as part of the preliminary development plan, and may require in the final development plan standards, regulations, limitations and restrictions which are either more or less restrictive than those specified within an alternate zoning district which would be applicable if the P-1 district were not proposed, and which are designed to protect and maintain property values and community amenities in the subject community, and which would foster and maintain the health, safety and general welfare of the community. If standards, regulations, limitations and restrictions which are less strict than those specified in the code are proposed, the applicant shall prepare alternate plans, as determined necessary by the Community Development Director, which comply with applicable standards, regulations, limitations and restrictions, to allow a comparison of floor area ratio between the proposed plan and the plan which complies with all applicable standards. The floor area ratio of the proposed project shall be limited to be comparable with the alternate plan, unless otherwise approved by the Planning Commission or City Council, as a result of demonstrated benefits to the project and/or neighborhood resulting from the proposed plan. The standards, regulations, limitations, and restrictions may include, but are not limited to the following:

Height limitations on buildings and structures;

ii.

Percent coverage of land by buildings and structures;

iii.

Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area;

iv.

The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets;

Planting and maintenance of trees, shrubs, plants, and lawns in accordance with a landscaping plan;

vi.

Construction of fences, walls, and lighting of an approved design;

vii.

Limitations upon the size, design, number, lighting, and location of signs and advertising structures;

viii.

Arrangement and spacing of buildings and structures to provide appropriate open spaces around same;

ix.

Location and size of off-street loading areas and docks;

Uses of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible with present or potential development of surrounding property;

xi.

Architectural design of buildings and structures;

xii.

Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; and

xiii.

Requiring of performance bonds to ensure development as approved.

Evaluations. When approving and adopting the rezoning application, the preliminary development plan or the final development plan, the Planning Commission and/or the City Council as the case may be, shall be satisfied that:

The applicant intends to start construction within two (2) years from the effective date of zoning change and plan approval;

ii.

The proposed planned unit development is consistent with the City of Oakley General Plan;

iii.

In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community;

iv.

In the case of the commercial development, it is needed at the proposed location to provide adequate commercial facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center, or will be obviated by presently projected improvements and by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking, and that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development;

In the case of proposed industrial development, it is fully in conformity with the applicable performance standards, and will constitute an efficient and well organized development, with adequate provisions for railroad and/or truck access service and necessary storage, and that such development will have no adverse effect upon adjacent or surrounding development; and

vi.

The development of a harmonious, integrated plan justifies exceptions from the normal application of this Code.

Termination. Procedure.

The approval of a final development plan shall become null and void if substantial construction in good faith reliance on the approval has not commenced within an 18-month period subsequent to such approval.

ii.

Such expiration date may be extended by the Community Development Director for one or more periods not exceeding a total of 18 months upon a showing that circumstances and conditions upon which the final P-1 was approved have not changed. If the owner of the property in a P-1 district has failed to commence substantial construction in good faith reliance on the approval, the Planning Commission may initiate proceedings to rezone the P-1 district or amend the development plans as necessary.

Plan Changes.

Preliminary Development Plan.

Changes. Changes in the approved preliminary development plan and its conditions of approval may be approved by the Planning Commission and/or City Council, as with conditional use permit applications except that it is the Commission which hears and reviews them. The Commission’s decision may be appealed to the City Council in accordance with Chapter 10; otherwise, it becomes final;

ii.

Rezoning. When substantial changes in the preliminary development plan involve a reduction of or addition to its land area, then a rezoning application shall be submitted for consideration.

Final Development Plan.

Review, Hearing. The Planning Commission and/or City Council shall review approved final development plan applications for modification pursuant to and otherwise regulated by the conditional use permit provisions of Section 9.1.1602, for which they may schedule a public hearing and shall do so if they determine that a substantial modification is being requested in an approved final development plan;

ii.

Findings. In approving the modification application, the Planning Commission and/or City Council shall find that it is consistent with the intent and purpose of the P-1 district and compatible with other uses in the vicinity, both inside and outside the district;

iii.

Conditions. The Planning Commission and/or City Council may impose reasonable conditions and limitations to carry out the purpose of the P-1 district when approving any modification.

Variance Permits.

Granting.

Procedure. Variance permits to modify the provisions contained in subsection (d) of this section may be granted in accordance with Article 16 of this chapter or 9.1.1602 of this Code.

ii.

General Plan Consistency. Such variance permit shall not be granted by the City of Oakley hearing the matter unless it finds that the variance is consistent with the General Plan.

Oakley City Zoning Code

ARTICLE 10

§ 9.1.1002 Planned Unit Development (P-1).

§ 9.1.1004 Specific Plan (SP-1).

§ 9.1.1006 Specific Plan – 2 (SP-2) District.

§ 9.1.1010 Specific Plan – Downtown (SP-4) District.