(a)

A planned development permit provides a mechanism for:

(1)

Diversification in the relationships of structures, lot sizes and open spaces in a planned fashion; and

(2)

Clustering of dwelling and commercial units;

(3)

Multiple construction of dwelling units;

(4)

Multiple installation of manufactured homes;

(5)

Establishment of convenience commercial areas as integral parts of residential developments;

(6)

Overall development plans for recreation-oriented residential developments;

(7)

Common interest developments, for which it may serve as a governing document;

(8)

Modifications or exceptions, including transfers of density, from the zoning and subdivision requirements.

(b)

When a planned development is used for modifications or exceptions from the zoning and subdivision requirements, including transfers of density, it shall be justified by achieving an integrated plan which reduces adverse social or environmental effects; or to accomplish a common interest development.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 5, Ord. 86-623, eff. February 6, 1986, Ord. 86-643, eff. November 6, 1986, § 1, Ord. 94-830, eff. May 12, 1994, Exh. A, § 3, Ord. 873, eff. October 31, 1996, and § 5, Ord. 99-924, eff. November 11, 1999)

(a)

Applications. Applications for planned development permits which includes uses for which a special use permit normally would be required either shall include an application for a special use permit or shall provide for that use through any of the actions set forth in subsection 9-2.701(a) with justification as needed as set forth in subsection 9-2.701(b) above.

(b)

Processing time. The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.

If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.

Upon completion of the appropriate environmental review, an application shall be scheduled for the next regularly scheduled hearing for which the application can be scheduled while meeting all requirements for notice.

(c)

Hearings.

(1)

Scheduling. The Zoning Administrator shall hold a public hearing on each application for a planned development permit and shall give notice of such hearing as set forth in Article 11.5 of this chapter.

(2)

Findings. In approving an application for a planned development permit, the following findings shall be made:

(i)

That the applicant intends to complete the development within a reasonable time and that any development phasing is a condition of approval;

(ii)

That the proposed planned development conforms to the General Plan; and

(iii)

That any modification or exception from the zoning and subdivision requirements, including density transfer, is justified to achieve an integrated plan which reduces adverse social or environmental impacts, or is part of a common interest development.

(iv)

If any exceptions from the provisions of this Code which implement the SRA Fire Safe Regulations are required, that the requirements of Section 9-9.202 of Article 2 of Chapter 9 of Title 9 of this Code are met.

(3)

Conditions. The violation of any condition of a planned development permit shall be a violation of the provisions of this chapter and shall be punishable as set forth in Article 12 of this chapter.

(d)

Issuance. Following the approval of a planned development by the County, the Planning Director shall issue a planned development permit, and a special use permit if appropriate, and shall notify the Building Official of the conditions governing the issuance of a building permit. The planned development permit shall be recorded. It shall be the duty of the Planning Director to ascertain that the planned development is undertaken and completed in conformance with the plans approved by the County.

(§ 3, Ord. 84-593, eff. January 3, 1985, as amended by § 3, Ord. 85-607, eff. June 13, 1985, Ord. 86-643, eff. November 6, 1986, § 1, Ord. 89-719, eff. November 2, 1989, § 1, Ord. 91-762, eff. October 3, 1991, § 1, Ord. 94-828, eff. March 31, 1994, § 2, Ord. 94-830, eff. May 12, 1994, and Exh. A, § 3, Ord. 873, eff. October 31, 1996)

The Board may revoke a planned development permit or modify the original conditions for failure to comply with any of the conditions imposed or upon evidence of misrepresentation in the issuance of the planned, development permit. The abatement and removal of facilities, if required by such revocation, shall be at the expense of the permittee.

(§ 3, Ord. 84-593, eff. January 3, 1985)

(a)

Application of amendment of a planned development permit shall be made by the owners of a majority of the lots subject to the planned development permit unless other provision for amendment application is made in the planned development permit. Other provisions that shall be acceptable are:

(1)

Application by a majority of the owners of the lots subject to the planned development permit;

(2)

Application by the owners of the majority of the area subject to the planned development permit;

(3)

Application by the governing body of an incorporated entity created for the purpose of managing the project or common interest development subject to the planned development permit;

(4)

Application by the governing body of an unincorporated entity, such as an association, created for the purpose of managing the project or common interest development subject to the planned development permit;

(5)

Application by the original permittees, their heirs or designees, if holding an interest in the project.

(b)

For the purposes of this section, where any of the following are subject to a planned development permit, the enumerated component shall be the equivalent of a lot.

(1)

A right of exclusive occupancy of an apartment in a community apartment project;

(2)

An interest in a unit of a condominium project;

(3)

A right of exclusive occupancy in a portion of the real property in a stock cooperative;

(4)

A right to the recurrent, exclusive use or occupancy of a lot, parcel, unit or segment of real property on a periodic basis for a period of time allotted from the use or occupancy periods into which the project has been divided in a time share project.

(Exh. A, § 13, Ord. 873, eff. October 31, 1996)