The provisions of Sections 26-42 through 26-54 of this chapter are made applicable to all P-D districts subject to the specific provisions of this section.

A. Intent. To promote and encourage cluster development, flexibility of land development, the establishment of open areas, and to meet those changes in technology and demand consistent with the best interests of the city of Oroville. The P-D combining district is designed to produce a comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development.

B. Establishment of District. The P-D district may be combined with any residential, commercial or industrial zoning district described in the municipal code for the city of Oroville. This is a combining district with respect to the uses allowed, and permits those uses allowed by the districts with which it is combined. For purposes of identification all P-D districts established shall be suffixed by the zoning notation of the district(s) with which it is combined, i.e. PD/R-1, PD/R-3, etc. and such notation shall be utilized on the zoning application, agenda, notices, codes, and zoning map.

C. Uses Permitted. The uses permitted in any P-D district shall be determined by and limited to those uses allowed with or without a use permit in districts where a P-D district is combined provided a P-D combines more than one already zoned district the percentage of particular use shall be directly proportionate to that allowed in the districts so combined, but such permitted proportions may be allowed in any area encompassed within the P-D district.

D. Development Standards in P-D Districts.

1. Lot Area, Frontage, and Setback Requirements. The minimum lot size, lot frontage, and setback requirements applicable to any zone combined with a P-D district, either by the provisions of this chapter or Chapter 23 of this code, shall be maintained throughout the P-D district; provided that the planning commission may grant a modification where, after considering the general objectives of the planned unit development including the open space requirement, a practicable result will be obtained.

2. Residential Densities. The residential density allowed in a P-D district shall be limited by the regulations applicable to each particular zone combined with the P-D district, except as to more restrictive regulations which may be prescribed by the planning commission at the time of approval of the proposed development plan. In calculating the maximum density of a proposed P-D district, the gross area including street dedications shall be included and computed according to the following formula.

PD/H-R = 0.5 units per acre

PD/SR-1/2 = 2.0 units per acre

PD/R-1 = 6.5 units per acre

PD/R-2 = 12.0 units per acre*

PD/R-2-M = 12.0 units per acre*

PD/R-3 = 20.0 units per acre*

3. Building Height Limit. The height of buildings or structures shall be limited to the height requirements in each particular zone combined with the P-D district.

4. Unit Size and Setbacks. A residential planned unit development may be established on parcels of land comprising not less than three acres of contiguous land unless the planning commission in its discretion, or the city council on appeal, finds that property of less than three acres is suitable by virtue of its unique character. When a P-D district abuts a residential zone the setback requirements of the adjacent residential zone shall be the minimum applicable to that portion of the P-D district along the common boundary.

5. Minimum Open Space. For PD districts, in all residential developments forty percent of the gross property area shall be reserved for and devoted to outdoor open space area. In the case of unit or phase development of a total area, the same space requirement shall be applicable to each phase. Of this required open space, twenty-five percent may be restricted to private use by the individual owners or uses of the planned unit development, however, seventy-five percent of the said forty percent shall be common or shared outdoor open space. Open space shall not be construed to include streets (public or private), parking areas, or areas covered by structures of any kind.

6. Underground Utilities. For PD districts, in any development which is primarily designed for or occupied by dwellings all electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring conduits and similar facilities shall be placed underground by the developer unless waived by the planning commission in accordance with the rules and regulations of the utilities on file with the California Public Utilities Commission.

E. Parking. Off-street parking shall be provided in an amount not less than that required in each particular zone combined with the P-D district. See Section 26-49.

F. Fences/Hedges. The fence and hedge requirements of each particular zone combined with the P-D district shall apply to the P-D district. See Section 26-48.

G. Signs. See Section 26-200. The sign provisions of each particular zone combined with the P-D district shall apply.

H. Legal Requirements--Common Areas. For PD districts, with respect to the common areas as set forth in the final development plan there shall be provided either in the body of the application or plan appended thereto as exhibits, a subdivision plan showing the dedicated areas, covenants, and other deed restrictions, plan of maintenance, and lot assessment procedures which, among other things, shall include the following.

1. The form of document or covenant that will legally create an automatic membership nonprofit homeowners’ association, where appropriate.

2. The extent and type of title of homeowners in the common property area, or give definite assurance that it automatically will be so placed within a reasonable period of time.

3. Limitations on the use of common property.

4. The extent and right of each lot owner to the use and enjoyment of the common property.

5. Responsibility for the operation and maintenance of the common property.

6. The amount of charge or assessment on each lot for the maintenance of the common property which will:

a. Assure sufficient funds to maintain the common property and provide that such assessments shall be a lien on the property; and

b. Provide adequate safeguards for the lot owners against undesirable high charges.

7. All documents required by this section shall be in a form that may be enforced by the city of Oroville, and in a form that shall be first approved by the city attorney.

I. Phase Development in P-D District. Where the proposed planned unit development provides for development in two or more phases or units in sequence, the rezoning to a P-D district shall not occur unless and until the applicant has submitted and the planning commission has approved the final development plan required by subsection J. for the entire area proposed to be included in the P-D district. After approval of the final development plan and the rezoning has occurred, the planning commission may from time-to-time with respect to subsequent phases of development, approve minor modifications of the plan so long as the minor modifications do not materially vary from the originally approved final development plan.

J. Application For P-D District.

1. Proposed Development Plan. Prior to filing an application for rezoning to a P-D District as provided in subsection B. hereof, the applicant shall present to the planning commission for staff and commission review, a proposed development plan. The applicant shall be the owner or owners of the subject property. This plan, among other things, shall include maps, designs, and such other materials necessary to show:

a. Legal boundary of the property.

b. Plot plan of land and area to be developed indicating the location of adjacent streets and all private rights-of-way existing and proposed.

c. General topography of the land with all drainage features and location of all proposed structures together with the usage to be contained therein and approximate location of all entrances thereto, and the height and gross floor area thereof.

d. Vehicular and pedestrian circulation within the site, and adjacent streets and alleys.

e. The extent, location, general arrangement, and the proposed improvement of all off-street loading and parking facilities.

f. The extent, location, and general arrangement of all open space and landscaping.

g. Architectural renderings to demonstrate the concept and character of the proposed development.

h. The number of units proposed.

i. Existing and proposed land uses and zoning.

j. Such additional information as may be required by the planning commission or staff.

2. Final Development Plan. For PD districts, within one year after review of the proposed development plan, the applicant shall prepare and submit to the planning commission a final development plan which must be prepared by an architect, landscape architect, or engineer registered and licensed by the state of California, along with an application for rezoning. The final development plan shall include the following:

a. Site plan showing the location of all proposed buildings, structures, and other general improvements.

b. A boundary map with gross area indicated.

c. Topographical map with average slopes indicated.

d. Plan of approximate grading.

e. Plan showing location, grades, widths of all streets; location and size of all utilities, drainage structures, parking areas, walkways, and other improvements.

f. The location of all existing structures.

g. Architectural elevations of all proposed building types.

h. Relationship of proposed buildings and structures to the nearest off-site improvements.

i. Final landscape plan.

j. Description of all open areas and a statement indicating their intended disposition, i.e. how vested or to be vested as to the homeowners’ association, dedicated to the city, or otherwise.

k. Statement setting forth a program for the installation and maintenance of parking areas, lighting, landscaping, private grounds, streets, utilities, and open spaces.

l. Indication of proposed property division, if applicable.

m. Such additional information as may be required by the planning commission or city council.

3. If a chapter is adopted amending the zoning map to create a P-D district after approval of the final development plan, that plan shall become a part of the code zoning the area involved to a P-D district. If the final development plan is not submitted within one year after application, the request is denied without prejudice.

4. For PD districts, the final development plan, as approved, shall be binding on the developer and subsequent owners as to regulations for land use with the zone.

K. (Repealed by Ord. No. 1641)

L. Application Filing Fee. For PD districts, at the time of submitting a proposed development plan the applicant shall pay a fee in the amount established by resolution of the city council and on file with the planning commission as an application fee. Neither the commission nor any member of staff shall undertake a review of the proposed development plan until this fee is paid. Such fee shall be in addition to any other fees required by this chapter and specifically, but not limited to, the fee for rezoning to a P-D district.

M. Public Works Department Report. For PD districts, the planning commission shall, from time-to-time as the same are received, submit to the public works department copies of the original application, the proposed development plan, and the final development plan for review of the proposed improvements including streets, sewers, and drainage all as mentioned in subsection J. Within thirty days after receipt of the final development plan, the public works department shall submit to the planning commission its report relative to compliance with all applicable regulations and specifications governing construction or reconstruction of streets, sewers, drainage, and other improvements in a P-D district. The planning commission shall not act on a final development plan until it has received and considered the report of the public works department.

N. Site Plan and Development Review. All new construction in a P-D district, except for single family and two-family dwelling units, shall be subject to review and approval by the development review board. (Ord. No. 1167 (part); Ord. No. 1239 § 1 (part); Ord. No. 1524 § 17; Ord. No. 1641 § 1; Ord. No. 1670 § 24.)