Chapter 17.17
REGULATIONS FOR THE PLANNED DEVELOPMENT COMBINING DISTRICT OR "PD" COMBINING DISTRICT
Sections:
17.17.040 Area, height, lot width, and yard requirements.
17.17.060 Deviation standards and criteria.
17.17.070 Minor modification to the use permit.
17.17.010 Purpose.
To encourage a creative and efficient approach to the use of land and to provide for greater flexibility in the design of development projects that would not be possible through the strict application of the standard zoning regulations. (Ord. 821 §1(part), 2003: Ord. 796 Att. A(part), 1999)
17.17.020 Applicability.
The PD combining district may be applied to appropriate parcels of land of any size in any zoning district which are found to be suitable for the proposed development. (Ord. 796 Att. A(part), 1999)
17.17.030 Permitted uses.
The permitted uses of land in a PD combining district shall be any use, or combination of uses allowed by the underlying zoning district as depicted on an approved development plan. The arrangement, design, and density of uses must be in conformance with the general plan and consistent with the requirements of this chapter. (Ord. 796 Att. A(part), 1999)
17.17.040 Area, height, lot width, and yard requirements.
All uses within the PD combining district shall conform to the area, height, density, lot width, and yard regulations required by the underlying zoning district except when the total development project will be improved by a deviation from such regulations. Said deviations shall be specified as part of the application expressed in both a proposed development plan and in a written description. (Ord. 796 Att. A(part), 1999)
17.17.050 Application.
A. Procedure. A request for the establishment of a PD combining district shall include an application for a use permit for all proposed developments within the district. The use permit application shall be considered concurrently with the rezoning request and may be approved subject to the approval of the rezoning request. The combined application shall be processed pursuant to the provisions of this chapter.
B. Development Plan. The use permit application shall include the following information on the proposed planned development:
1. A detailed site plan showing lot areas, street design, lot design, location of buildings, setbacks, driveways, off-street parking and loading areas, landscaping, on-site drainage; and
2. Floor plans and elevations of proposed buildings and signs; and
3. Other information as may be required by the Community Development Department upon preliminary review.
The community development director may waive any of the above requirements if they are unnecessary, premature, or otherwise speculative due to the nature of the project. (Ord. 796 Att. A(part), 1999)
17.17.060 Deviation standards and criteria.
Deviations from the standards set forth in the underlying zoning district may be approved by the planning commission if the planned development project provides benefits that enhance the design, aesthetics, and livability and result in a public benefit. The following criteria shall be considered by the planning commission in the determination of public benefit.
Residential Projects.
A. The residential planned development project shall utilize unique or innovative design approaches for lot arrangement, lot size and dimensions, building placement, street configuration and design, open space arrangement, landscaping, or other design factors which will result in a more livable and functional project which satisfies the need for improvements that protect the health, safety, and welfare of future residential property owners.
B. In the case of single-family residential projects, a substantial percentage of the units are intended to be owner occupied for the first year.
C. A unique or innovative design approach is proposed that results in the preservation of a unique, sensitive, or important natural, historic, or community resource; provides more public or private open space than is required by the general plan; or provides for more affordable housing units than is required by the general plan’s housing element.
D. A unique project which is consistent with the regulations and provisions of the Lakeport general plan. (Ord. 796 Att. A(part), 1999)
17.17.070 Minor modification to the use permit.
After approval of the planned development, the community development director may approve, upon application for a revised plan, minor modifications to an approved PD use permit. (Ord. 796 Att. A(part), 1999)
17.17.080 Time limit.
A. Expiration Date. Failure to obtain a building permit within twenty-four months after the date of approval of the use permit for a planned development shall cause the approval to become null and void.
B. Extensions. A developer may request an extension of the expiration date of the approved or conditionally approved planned development by written request to the community development department and payment of any applicable fees. The written request must be received by the community development department before the expiration date and shall include the developer’s updated timeline for completion. Before expiration of an approved or conditionally approved planned development, upon written request by the developer to the community development department to extend that planned development, the use permit for the planned development shall automatically extend sixty days or until the request for the extension is approved, conditionally approved, or denied, whichever occurs first.
C. Planning Commission Action. The community development department shall review the request and submit the request for the expiration extension, together with a report, to the planning commission for approval, conditional approval, or denial. A copy of the community development department’s report shall be forwarded to the developer before the planning commission meeting on the extension. In approving, conditionally approving, or denying the request for extension, the planning commission shall make findings supporting its decision, including findings with respect to the potential impact of any increase on applicable development fees which have occurred since the date of approval or conditional approval of the use permit.
D. Time Limit of Expiration Extensions. Any PD combining district may only apply for one expiration extension request for a specific project. The time at which the use permit expires may be extended by the planning commission for a period not exceeding a total of three years.
E. Appeal of Extension. The developer or any other person affected by the expiration extension decision made by the planning commission may appeal the decision to the city council in accordance with Section 17.31.040. (Ord. 946 §2, 2023)
17.17.090 Exception.
The provisions contained within this chapter do not apply to residential properties that have an approved specific plan pursuant to the provisions of the California Government Code. (Ord. 796 Att. A(part), 1999)