Chapter 18.40
COMBINING ZONING DISTRICT REGULATIONS
Sections:
18.40.020 Relation to base zoning district regulations.
18.40.030 Planned development.
18.40.010 Purpose.
The purpose of this chapter is to establish regulations for combining zoning districts to be combined with base zoning district regulations or to address special needs or characteristics of areas within the City of Galt which include special development standards and regulations.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.40.020 Relation to base zoning district regulations.
The regulations of the base zoning district shall apply to the combining zoning district except to the extent that the combining zoning district regulations supersede the base zoning district regulations.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)
18.40.030 Planned development.
It is the intent of the planned development (PD) combining district to encourage a creative and efficient approach to the use of land; to maximize choice in the type of development available in the City; to encourage the efficient allocation and maintenance of open space; to provide for the redistribution of overall density where such rearrangement is desirable; and to provide the means for greater creativity and flexibility in design than are provided under the strict application of the other zoning district regulations while at the same time preserving the public interest, health, safety, welfare, and property values. Various land uses may be combined in a PD zoning district including residential, cultural, agricultural, utility, and other uses; provided, the combination of uses is compatible with the intent of the General Plan of the City and results in a balanced and stable environment. A PD zoning district may be combined with any other zoning district classification.
A. Size Criteria. A planned development or unit thereof shall be of sufficient size, composition and arrangement that its construction, marketing, and operation are feasible as a complete unit independent of any subsequent unit.
B. Permitted Uses. The following uses are permitted: the uses permitted in the base zoning districts with which the PD district is combined, including uses which are authorized only with a use permit, provided those uses are approved as, and made a part of, the approved development plan. In residential planned developments, the applicant must show that any commercial uses are intended to serve principally the residents of the development.
C. Land Use Intensity.
1. The land use intensity shall be consistent with the General Plan of the City and complement existing and planned uses permitted in the neighborhood. If the proposed development indicates a greater intensity of land use than is permitted by the existing base zoning district regulations, the applicant shall show that the planned development merits the requested change of zoning, and will not:
a. Create traffic congestion on the streets in the vicinity of the planned development;
b. Create an excessive burden on schools, parks, utilities, or public facilities in the vicinity of the planned development; or
c. Have a significant adverse impact on the reasonable use and enjoyment of neighboring property.
2. Any increase in land use intensity which is greater than permitted by the existing zoning regulations shall be compensated for by additional amenities to be achieved by the design and type of development and the amount, location, use and development of open space.
D. Design Standards. The City Council, after receiving a recommendation from the Planning Commission, may permit deviations from the standards of the basic zones with which the PD district is combined; provided, the applicant demonstrates by the design proposal that the objectives of the General Plan of the City will be achieved.
E. Common Open Space. The City Council may adopt regulations to govern the amount, use and location of the open space. After development, common open space may be conveyed to a private association or to a public agency. Prior to any such conveyance, the City Council shall approve all agreements relating to the use, maintenance and ownership of such common open space. The City Council may require that instruments of conveyance, covenants, or deed restrictions and articles of association provide that in the event that any common open space is not properly maintained consistent with the approved development plan, the City may cause adequate maintenance to be performed and to assess the costs thereof to the benefitted property owners or the responsible association(s). If common open space is designed, dedicated, or conveyed for use by the general public, or is so used, any assessment of maintenance costs may be made by benefit areas which are not necessarily restricted to the subject PD district.
F. Preliminary Plan - Purpose. Prior to filing the drawings and documentation required for a formal application for a PD combining district classification, an applicant may submit a preliminary plan to the Planning Commission to demonstrate the feasibility and general design concept of a proposed development.
G. Preliminary Plan Contents. A preliminary plan shall include:
1. Maps or drawings, which may be schematic in form;
2. Identification of the proposed land uses, the area and density of each land use, the proposed number of dwelling units, and the uses of adjacent lands;
3. Proposed circulation system indicating the public streets and any private streets;
4. The nature of the applicant’s interest in the land;
5. A narrative description of the planned development and the deviations from the regulations otherwise applicable to the property; and
6. The proposed sequence and schedule of development.
H. Preliminary Plan - Action by Planning Commission. The Planning Commission shall either:
1. Grant approval in principle of the plan as submitted;
2. Grant approval in principle subject to specified modifications and conditions; or
3. Deny approval of the plan stating the reasons for denial.
I. Application - Fee Filing and Contents.
1. The filing of an application for a PD planned development combining district shall be accompanied by the payment of a filing fee as set and established from time to time by resolution of the City Council after public hearing. No part of such filing fee is returnable.
2. In addition to the requirements of Chapter 18.68 (Development Code Administration) an application for a PD combining district shall include:
a. All information required for a preliminary plan as specified in subsections F through H of this section;
b. Maps showing existing topography, tree cover, building, streets, and other existing physical features of the subject property and the adjacent area within three hundred (300) feet of the boundaries of the proposed development;
c. A design plan showing proposed land uses, lot lines, location of structures, parking areas, common grounds, recreation facilities, and open spaces;
d. Elevation drawings of proposed typical structures and of each special function building;
e. At least one (1) perspective drawing or model which will demonstrate the overall character of the project;
f. Proposed agreements, deed restrictions, bylaws, and articles of incorporation which relate to the preservation and maintenance of the open spaces and of the associations created to preserve and maintain the open spaces and the exterior of the buildings;
g. A schedule and sequence of development for all of the property included in the overall development proposal even though only a portion of it is included in the proposed zoning map amendment.
J. Application - Action by Planning Commission.
1. After a public hearing on an application for a PD combining district, the Planning Commission may recommend to the City Council that the application be approved, be approved with amendments and conditions, or be disapproved.
2. PD Findings. The Planning Commission shall not recommend approval or conditional approval unless it first finds that:
a. The proposed development is consistent with the General Plan of the City;
b. The proposed development is so designed and of sufficient size to provide a desirable environment within its own boundaries;
c. The proposed development would be compatible with existing and proposed land uses on the adjacent property;
d. Any exceptions to the standard requirements of the Development Code are justified by the design of the development;
e. In residential areas the arrangement of dwellings and mixture of dwelling types is justified by the provision of larger and more usable open space;
f. All public improvements will be installed at the scheduled times; and
g. There is adequate assurance that the development schedule will be met.
3. If the application is recommended to the City Council for approval or conditional approval, the Planning Commission shall review a draft of an ordinance to amend the Development Code of the City to incorporate the proposed PD district in conjunction with the PD application.
K. Application - Action by City Council.
1. The City Council shall hold a hearing on the application after receiving a recommendation from the Planning Commission or an appeal from the Commission’s action in the same manner as for other applications for a zoning district change. The City Council may approve, approve with amendment and conditions, or disapprove the application. The City Council shall not approve or approve the application with conditions unless it first makes the same findings as required for action by the Planning Commission as specified in subsection (J)(2) of this section.
2. The City Council may include in an ordinance adopting a PD combining district:
a. A delegation of authority to the Planning Commission to approve minor modifications of the approved plan;
b. Specific building and/or landscaping plans or a requirement for approval of individual building plans and/or landscaping plans by the Planning Commission or the City Council prior to obtaining a building permit;
c. A specification as to the bonds, deposits of securities, or deposits of money required to guarantee the proper completion of the project;
d. A specification of required engineering plans and reports; and
e. A specification that any covenants, restrictions, development plans, subdivision maps, parcel maps, or surveys required by the PD ordinance be recorded with the county recorder.
(Ord. 2015-05, Repealed and Replaced, 06/16/2015)