(A) 
Purpose. In certain instances the objectives of the General Plan/Local Coastal Program Land Use Plan and the County Code may be achieved by the development of planned developments that do not conform in all respects to the land use regulations prescribed by the County Code. A planned unit development (PUD) may include a combination of different dwelling and structure types and/or a variety of land uses which complement each other and harmonize with existing and proposed land uses and structures in the vicinity. In order to provide locations for well planned developments that conform with the intent of the County Code, although they deviate in certain respects from the underlying zone district and design review standards, the County Board of Supervisors may approve PUDs by ordinance which establish the land uses and development standards for the PUD, and which substitute for and incorporate requirements for the subject property that address the purposes of other development permits that would otherwise be required for the development such as use permits and site development permits. A PUD shall comply with the regulations prescribed in this chapter and shall be consistent with the County General Plan/Local Coastal Program Land Use Plan.
(B) 
Where Allowed. A planned unit development may be located in the R-1, RA, RR, RM, or RF residential zoning districts, the VA, PA, C-1, C-2, or C-3 commercial zoning districts or the Public Facility (PF) Zone District, upon the adoption of a PUD ordinance for the subject property in accordance with the provisions of this chapter.
(C) 
Permitted Uses. A PUD shall include only uses permitted either as permitted uses or conditional uses in the zoning district, General Plan area, or adopted village or town plan in which the PUD is located.
(Ord. 5429 § 4, 2022)
A planned unit development is subject to all of the same application processing requirements for discretionary development permits specified in Chapter 18.10 SCCC, as well as the processing requirements that apply to zoning map and text amendment legislative matters, as well as the coastal development permit review process specified in Chapter 13.20 SCCC (Coastal Zone Regulations) for property located in the Coastal Zone. As an application to be considered by the Board of Supervisors, an application for a PUD shall conform to the following specific requirements:
(A) 
Contents. The application shall be accompanied by a development plan of the entire PUD that includes all of the required application submittal requirements of SCCC § 18.10.210.
(B) 
Development Standards. Any application for a PUD shall provide a written description of the proposed alternative development and design standards that would apply to the project (property).
(Ord. 5429 § 4, 2022)
The Board of Supervisors may approve a PUD as applied for or in modified form if, on the basis of the application and evidence submitted, the Board of Supervisors makes the following findings in addition to the findings required by SCCC § 18.10.230, and in addition to the findings required by SCCC § 13.20.110 if located in the Coastal Zone:
(A) 
Nonresidential Projects.
(1) 
That any nonresidential uses shall be appropriate in area, location and overall planning for the purpose intended, and that the design and development standards shall create an environment of ongoing desirability and stability, and, where applicable, that adequate open space shall be provided;
(2) 
That the combination of different structure types and the variety of uses in the development will complement each other and will harmonize with existing and proposed land uses, structures, and the natural environment in the vicinity;
(3) 
That the design of the development is consistent with the Countywide Design Guidelines and contributes positively to the public realm;
(4) 
That the permitted departures from the otherwise required development standards will provide specific benefits to the neighborhood and/or the community in which the planned unit development is located, such as increasing the diversity of land uses or essential services in the immediate environment, or locating and designing the development to promote non-automobile modes of transportation, and that such benefits are specified by the Board of Supervisors in connection with its approval of a PUD, and that any conditions required to achieve such benefits are incorporated into the project and made conditions of approval; and
(5) 
That the proposed development is consistent with the General Plan/Local Coastal Program Land Use Plan.
(B) 
Mixed-Use Projects. All findings in subsection (A) of this section and:
(1) 
That the residential component contributes positively to the diversity of housing options Countywide; and
(2) 
That any environmental conflicts resulting from the adjacency of commercial and residential land uses, including noise, odor, and truck traffic associated with the commercial uses, are adequately reduced or mitigated.
(C) 
Residential Projects.
(1) 
That any residential development shall contribute to the ongoing desirability and character of the surrounding neighborhood;
(2) 
That the combination of different dwelling and/or structure types and the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses, structures, and the natural environment in the vicinity;
(3) 
That the permitted departures from the otherwise required development standards will provide specific benefits to the neighborhood and/or the community in which the planned unit development is located, and that such benefits are specified by the Board of Supervisors in connection with its approval of the PUD, and that any conditions required to achieve such benefits are incorporated into the project and made conditions of approval; and
(4) 
That the proposed development is consistent with the General Plan/Local Coastal Program Land Use Plan.
(Ord. 5429 § 4, 2022)
(A) 
Action by Planning Commission. Following the noticed public hearing, the Planning Commission may deny the PUD application, continue consideration of the PUD, or recommend approval of the PUD, with or without modification. Planning Commission action to approve a PUD shall be in the form of a resolution recommending that the Board of Supervisors approve the PUD, with or without modifications.
(B) 
Appeals of the Action of the Planning Commission. If the Planning Commission denies a proposed PUD, its action shall be final unless the matter is considered upon appeal or special consideration by the Board of Supervisors as provided in SCCC § 18.10.340 and § 18.10.350, respectively. Appeals of PUDs which include land division applications shall also be subject to the procedures of SCCC § 14.01.312.
(C) 
Action of the Board of Supervisors. The Board of Supervisors shall schedule a public hearing to consider the recommendations of the Planning Commission regarding applications for a PUD. Notice of the public hearing shall be given pursuant to all of the Chapter 18.10 SCCC public noticing requirements for legislative matters. Following the public hearing, the Board of Supervisors may deny the PUD, continue consideration of the PUD, or approve the PUD, with or without modification. Actions to approve the PUD shall be by adoption of a planned unit development ordinance to establish specific zoning, site development, architectural and landscape design standards, conditions for operation of uses within the PUD, and any other conditions or standards that apply to developments within the planned unit development.
(D) 
Planned Unit Development Approvals in the Coastal Zone. If any portion of a PUD is located in the Coastal Zone, then, in addition to the actions specified in subsection (C) of this section, an action to approve the planned unit development shall also include approval of a coastal development permit. The Board's action on the coastal development permit shall not be considered final, and notice of the Board's action on the coastal development permit shall not be transmitted to the Coastal Commission, unless and until: (1) the ordinance (specified in subsection (C) of this section) has been submitted to the Coastal Commission as a Local Coastal Program amendment; and (2) the Coastal Commission has certified the ordinance. If the Coastal Commission's certification of the required ordinance modifies the PUD that was approved by the Board, then the Board shall re-review the PUD and coastal development permit application and make any modifications that are necessary to ensure that the PUD and permit are in conformance with the certified ordinance. After the Board has made any necessary modifications to its action on the PUD ordinance and coastal development permit, the Board's action shall be considered final, and notice of said action shall be transmitted to the Coastal Commission.
(E) 
Finality of Action on Planned Unit Development. No new application for a PUD shall be filed for the same or substantially the same use on the same or substantially the same property within one year after denial of same without the consent of the Board of Supervisors.
(F) 
Expiration of a Planned Unit Development Ordinance. Each planned unit development ordinance adopted pursuant to subsections (C) and (D) of this section shall specify that all zoning, site, architectural, and landscape design review provisions of the ordinance that allow modifications from Chapter 13.10 or 13.11 SCCC shall expire at a specified time unless development has commenced. The coastal development permit (if located in the Coastal Zone) shall also expire at that time unless development pursuant to the permit has commenced by that time. The expiration date specified in the PUD ordinance and any associated coastal development permit may be extended or modified by the Board of Supervisors pursuant to requirements for ordinance amendments. This expiration requirement shall be noted directly in any certified Chapter 13.10 or 13.11 SCCC text associated with a planned unit development ordinance.
(Ord. 5429 § 4, 2022)
Any departure from strict conformance with County Code site and design standards that is granted through approval of a PUD is a privilege. Departures from the otherwise required site and design standards or the standards found in Chapter 13.11 SCCC shall be described in the adopted PUD ordinance and shall provide specific benefits to the neighborhood and/or the community in which the PUD is located. These benefits shall be in the form of the provision of enhanced resource protection, exceptional public amenities, design excellence, affordable housing, job creation, public viewshed preservation, and/or superior mixed-use development, etc. Such benefits shall be specified by the Board of Supervisors in connection with its approval of a PUD, and any conditions required to achieve such benefits shall be incorporated into the project and made conditions of approval.
(A) 
District Regulations. Development site, use and design standards shall be as prescribed by the adopted PUD ordinance.
(B) 
Other Requirements. The following conditions shall also be required in PUDs:
(1) 
No uses shall be permitted and no process, equipment, or materials shall be employed which are found by the Planning Commission or the Board of Supervisors to be injurious to property located in the vicinity by reason of excessive odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic, or to involve any hazard of fire or explosion; and
(2) 
All planned unit developments shall meet the requirements of Chapter 13.11 SCCC, Site Development and Design Review, unless specifically amended by the PUD ordinance.
(C) 
Other General Plan/Local Coastal Program and County Code Standards Not Suspended. Nothing in this section shall be read to allow variation to other standards not specified in subsections (A) and (B) of this section. All other standards that apply, including but not limited to General Plan/Local Coastal Program standards, standards contained in SCCC Title 16, and County Code standards designed to protect natural resources, riparian and wetland areas, sensitive habitats, agriculture, public viewsheds, and open space, either as found in SCCC Title 16 or in other provisions of the County Code, shall continue to apply.
(Ord. 5429 § 4, 2022)
(A) 
Notice. The Planning Commission shall hold a public hearing on each application for a planned unit development. Notice of said hearings shall be given as specified in Chapter 18.10 SCCC for legislative matters.
(B) 
Hearing Procedure. The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission for its consideration. At the public hearing, the Commission shall review the application and the report, and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it will be operated or maintained, particularly with respect to the findings prescribed in SCCC § 18.30.183.
(Ord. 5429 § 4, 2022)